Apollo Sheet Metal, Inc. v. United States

ORDER

MILLER, Judge.

This matter is before the court on defendant’s motion to dismiss. The issues under consideration are (1) whether certain maps drawn by the government and included within a permit application constitute design specifications, and (2) if so, whether an order of precedence clause negates the attendant implied warranty of suitability. Argument is deemed unnecessary.

FACTS

The following facts are not disputed. On June 26,1996, the U.S. Department of Interi- or’s Bureau of Reclamation (the “BOR”) awarded a contract to Apollo Sheet Metal, Inc. (“plaintiff’), for construction of the…