Franchi Construction Co. v. United States

This case comes before the court on defendant’s request, filed December 22, 1978, for review by the court of the recommended decision of Trial Judge George Willi, filed September 29, 1978, pursuant to Rule 166(c) on the parties cross-motions for summary judgment, *798having been submitted to and considered by the court on the briefs and oral argument of counsel.

Plaintiff criticizes the trial judge’s calling the discrepancy between the specifications and the drawings "patent.” It says if we agree with defendant that the precedence clause should be confined to instances of latent discrepancies, we…