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Borrow Material Not Misrepresented Differing Site Conditions-subsurface

Thursday, May 04, 2006 10:51 am

Borrow Material Not Misrepresented Differing Site Conditions-subsurface

The Court of Federal Claims has ruled that while material in mandatory borrow sites was represented as "acceptable in general," the contractor had been warned it might have to cope with unacceptable material as well.

The Federal Highway Administration awarded a contract to Universal Construction, Inc. (UCI) to widen an auto-tour road in a national wildlife refuge in Idaho. The contract required UCI to use soil material from two borrow sources on the refuge and then create wetlands at the two former borrow sites.

The contract indicated the borrow materia [...]

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