Every writing must be interpreted with reference to its whole meaning, and to this end an examination of the entire instrument is required. Trans Int'l. Airlines, Inc. v. United States, 351 F.2d 1001, 173 Ct.Cl. 312 (1965); Merrill-Ruckgaber Co. v. United States, 241 U.S. 387, 392, 36 S.Ct. 662, 60 L.Ed. 1058 (1916). Indeed, it is axiomatic that the polestar of interpretation is "* * * the intention of the parties [which] must be gathered from the whole instrument."
If at all possible, a contract should be read as a whole and effect should be given to all of the contract terms. See, e. g., Trans International Airlines v. United States 351 F.2d 1001, 173 Ct.Cl. 312 (1965). Additional work as used in the above quoted provision simply means work not covered by the terms of the contract.
However, in none of these cases was the plaintiff allowed to recover. Trans Int'l Airlines, Inc. v. United States, 351 F.2d 1001, 173 Ct.Cl. 312 (1965); Green Manor Constr. Co. v. United States, 169 Ct.Cl. 413 (1965); Iscow v. United States, 161 Ct.Cl. 875 (1963); Locke v. United States, 151 Ct. Cl. 262, 283 F.2d 521 (1960); Keco Indus., Inc. v. United States, 149 Ct.Cl. 837 (1960), cert. denied, 365 U.S. 815, 81 S.Ct. 697, 5 L.Ed.2d 694 (1961). However, Scanwell, with its very complete and thorough coverage of the "standing" question, appears to conclusively settle the issue in favor of plaintiff in this case.
Plaintiff's allegations that the Government had the duty to balance excavation and fill and that the Government misrepresented the capacity of area No. 34 โ at the meeting and through the joint survey โ also rest heavily upon the determination of this issue. From reading the entire contract, as is appropriate (Trans Int'l Airlines, Inc. v. United States, 351 F.2d 1001, 173 Ct.Cl. 312 (1965)), we determine that the only reasonable interpretation of its provisions is that the Government was not responsible for making surveys to include waste areas. Plaintiff relies upon paragraph SC-13 of the contract to support its position. This paragraph has two basic subdivisions.
On the same date, the contract was awarded to Los Angeles. Various claims of Los Angeles arising out of its contract, are the subject of Trans International Airlines, Inc. v. United States, Ct.Cl., 351 F.2d 1001. Upon receipt of the notice of cancellation, plaintiff ceased performance of the contract.
Accordingly, Edelman falls within the category of a person who is unable to demonstrate any specific, particular right of his own which has been violated as distinguished from the public's interest in the administration of law. See United States v. Gray Line Water Tours of Charleston, 4 Cir. 1962, 311 F.2d 779; Wooldridge Manufacturing Company v. United States, 1956, 98 U.S.App.D.C. 286, 235 F.2d 513, cert. denied, 351 U.S. 989, 76 S.Ct. 1054, 100 L.Ed. 1502; Friend v. Lee, 1955, 95 U.S.App.D.C. 224, 221 F.2d 96; Trans International Airlines Inc. v. United States, Ct.Cl. 1965, 351 F.2d 1001; Heyer Products Co., Inc. v. United States, 1956, 140 F. Supp. 409, 135 Ct.Cl. 63, and Ct.Cl. 1959, 177 F. Supp. 251; Robert Hawthorne, Inc. v. United States Department of Interior, E.D.Pa. 1958, 160 F. Supp. 417. Compare, Northern States Power Co. v. Rural Electrification Administration, D.C.Minn. 1965, 248 F. Supp. 616. "Often tenders or bids are advertised for by public corporations, municipalities, counties or states, or private corporations.
If the language were interpreted as Pegasus suggests, the introductory clause would be rendered meaningless. It is a cardinal principle of contract construction that a document should be read to give effect to all its provisions and to render them consistent with each other. John Hancock Mut. Life Ins.Co. v. Carolina Power Light Co., 717 F.2d 664, 669 fn.7 (2d Cir. 1983) (internal citations omitted) (applying New York law); RESTATEMENT (SECOND) OF CONTRACTS ยง 203(a) (1981). On a plain reading of the documents, the rights that Pegasus reserved are "subject to the foregoing amendments with respect to rent . . .". (Pegasus MOU, pp. 3, 4.) See Trans Intern. Airlines, Inc. v. United States, 351 F.2d 1001, 1003 (Ct.Cl. 1965). The result of the foregoing is that Pegasus can only assert "pre and postpetition claims" if they do not conflict with the lease amendments relating to "rent".