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Board Addresses Affirmative Representation Of Conditions Differing Site Conditions-subsurface

Tuesday, August 03, 2004 02:32 pm

 
Board Addresses Affirmative Representation Of Conditions Differing Site Conditions-subsurface

The Armed Services Board of Contract Appeals has rejected a government argument that contract documents did not, as a matter of law, affirmatively represent that sufficient fill material was available on site.

The Navy awarded a contract to PK Contractors, Inc. to construct a flood control project at Camp Pendleton, California. The design for the soil-cement levee called for the use of significant amounts of structural fill, referred to as "controlled fill."

The contract documents contained information regarding the availability of fill on site. The instru [...]

 
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