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Design Assumptions Were Not Site Representations Differing Site Conditions-subsurface

Tuesday, September 02, 2003 05:23 pm

 
Design Assumptions Were Not Site Representations Differing Site Conditions-subsurface

The U.S. Court of Federal Claims has ruled that contractual "design assumptions" regarding a dewatering system were not affirmative representations of the site conditions.

The Army Corps of Engineers awarded a contract to Kiewit Construction Co. to construct a lock and dam on the Kanawha River in West Virginia. The work necessitated implementation of an extensive dewatering system to control both surface and groundwater.

The contract included specifications for the minimum required dewatering system. If additional facilities were needed to maintain adequate dewatering, the c [...]

 
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