issue is relatively simple if you look at the contract this was a contract to paint and patch me to be holes in walls even if you assumed that war the original that it was it was an estimate approximately sixteen thousand eight hundred square feet of paintable surface that is what was asked at the  conference and it was answered and and all that it's not just my client the p f a asked if they could go back and take more accurate measurements of the specific area saying that it became something other than an estimate and the final contract not in the final contract when the modification of them on a yes as modified it was definitely the approximate was taken out of it and it looks clear if i could just and i don't certainly have the kind speed but that's not what the contract said the contract said paint and patch the to the halls and walls and there was a lot of conversation and in the in the underlined opinion about well it wasn't really a painting contract it was more  had walls floors it is true that there were floors part of the original contract but this was always the paint and patch that was what was included in the in the first paragraph of the solicitation which was ignored by the  break it down the original contract included sixteen thousand eight hundred square feet which was approximately what was that if set number not we don't know when we submitted our bid if you were to look at the i don't want to ask you news to know for the moment that are identified that were never painted and there are rooms along to d that were never painted so how how can at the end of the day we be held liable for painting all of the rooms  you and if you confute a look at it the if it starts it shows and it's handwritten in green you can see room number one zero two it's got eight hundred sixty square foot of pai but the room above the one hundred was not painted if you go down to the bottom room one eleven was painted nine hundred forty but then you turn the corner and he picks up the room one eighteen one night scene one twenty but it end of the job and it's the in the final cure notice when all of the rooms have been painted on here except the ones that were highlighted that your nose which specifically instructed us to finish all work directed us to finish all work within ten days listed only unpainted cord or work so they never said you have to come back and paint room one hundred or the other different rooms that were not painted at the beginning of the job judge price i believe yes these are the  t why couldn't you or maybe a judge like apologize he said why couldn't you go through the same report figure out what you're going to pick if we had been told at the very beginning or any time that these are all of the rooms you're going to paid he could have gone down to calculate exactly said all right the favorable square footage is going to be in this case it turned out to be thirty six thousand eight hundred eighty square feet if we knew that these were all of the rooms that were going to be paid and the you can see those calculations that it's summarized over on the right hand side that is a problem we were never given clear instruction d p f was never given clear instructions that these were going to pay instead it's operating it's a hospital so you're going to take the furniture out of the each room and then  even though solicitation referred to sixteen thousand eight hundred square feet you have it i them for patient rooms painting approximately eight hundred thousand square feet acknowledging that more than sixteen eight just to do the patient rooms and then on page three you acknowledge the obligation to pay the court of course which is extra square footage so it seems to me any argument that you were somehow front of me your honor when this was made it but i will say this if you go to exhibit eight fifty eight which is an e mail two pages beyond where doug fleming's response to the contracting officer but the inquiry into the total cost and about the bed and his email to miss but states in the second paragraph that the overall project consists of approximately ten thousand square feet of vinyl how removal and replacement of approximately sixteen thousand to twenty thousand painting and thirty to forty thousand electrical work yes but that was june thirteenth and the document we've been approximation between the sixteen thousand to twenty thousand that the p f assumed was the value of the contract when it said approximately sixteen thousand eight hundred square feet he had conversations with this particular c e o karen butts who never testified at the hearing below and specifically agreed that the spirit paintable square foot is approximately sixteen thousand eight hundred my not not in detail but we are right it's only in the page when we asked for the full four hundred seventy seven thousand of the of the claim made on page fifty five the conclusion knowledge we do not go through what money why but it's only one company and i think the board may have suggested it might not have really even been the best way to do it anyway just give us labor and materials or something but even if it's one component you don't i've got the original trial exhibit clark calculation of it your honor and i believe that is i believe it is it's started out as exhibit thirty six but it was modified to trial exhibit eighty two and then trial exhibit eighty four they are not in the joint appendix but they were submitted below  else and they did not really give it a full in detail the explanation looking at the way the damages are calculated we asked for a total of four hundred seventy seven thousand dollars for it for that claim and i do admit that there is a believe it's a sentence and opinion saying i mean it it's there acknowledge it but i don't believe it was given clear that there was no substantial basis to say that there's no substantial support because  morning honors may please the court last discussion that you were just having with my colleague is exactly the heart of what is wrong with g p s claim in this case there are multiple factual findings and particularly on the painting claim that you were suspecting as well as on the other claim otherwise indicates the actual square footage than it's paint that it painted we read that as a holistic finding that there is no evidence to support the actual amount of square footage that was painted which would go both to the extended job in square footage rather than volumes of pockets and the way it's got to be walls or whatever you're putting the joint company on and you're probably going to say whatever you would enjoy  i understand the the board's conclusion to be the c n n report was a methodology for d p f to estimate the wall surfaces that it had painted but the our reading of the board's holding work how could it be how could the government bieber sponsible for any extra cost associated from actual work it had not proven to have painted that's that's where we see that tide and other we also we also exhibit i'm not this is that it was essentially rejected as and as an appropriate estimate by the board i cannot interpret it the market the marks on here the highlights and the way they handwriting is something that was created by d p off that the drawing itself i understand is a p s a drawing but not the marks showing what was and was not painted someone  g i believe mr fleming although most of his testimony was discredited by the board and i would point out that this thirty six thousand eight hundred eighty square feet  inconsistent with the with the request for equitable adjustment which as discussed a p x sixteen for example where g p s the national claim was that it had painted thirty four thousand six hundred square feet or  notice does not specifically mention that there are any patient rooms left to be painted our reading of that is that all of them had been painted at that time i cannot account for the discrepancy  i he testified that he measured the square of the the floor square footage of the patient rooms and corridors that were covered by the contract and those total approximately ten thousand and two i forget the exact number but ten thousand something  which is slightly different than the board's holding that ward today encompassed ten thousand square square feet and still the number sixty that's nowhere close to sixty yes answers and there are many rooms within word to d that are not patient rooms i don't know that that gets us anywhere close to sixty eight at the end of the contract but there's just not that's not on the record  a burden they have not met in this instance i will quickly address the acceleration claim where again d p s failed to acknowledge the board's alternative holding that even if this november and it refused to do so heard all the evidence on that the it is he testified about his dealings prior dealings with the first c e o on the job  zero and on that coatesville pennsylvania project with the same issue came up what is required under a painting untracked and the same understand between judy cons on can is that it refers to papal square feet karen but had the same conversation as testified by the p f but that's the only evidence that was before the board and they had every opportunity to call karen but if when you when you put on it i was in the trial attorney beloved the mission by party point comes in as evidence and for them to completely disregard it without even asking about it in fact the only contract an officer test now michael scott was a c e o our he also testified neither one of them had any conversations with karen butts about what the sixteen thousand eight hundred square foot met and in fact when the issue first came up and were asking where we've reached the limit the sixteen eighteen thousand square feet there was instructions given to to michael scott to go find out has has he painted more than the sixteen thousand eight hundred michael scott who had no painting experience whatsoever went out there and measured the floor space the floor space came in approximate ten thousand square feet which is entirely consistent with the estimate that the plumbing gave with appendix eight fifty eight he said that there was approximately ten thousand square feet of vinyl tile floor remov