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Deleted Excavation Work Leads To Compensation For Offsite Fill

Sunday, November 04, 2007 12:57 pm

Deleted Excavation Work Leads To Compensation For Offsite Fill

The U.S. Civilian Board of Contract Appeals ruled that by deleting work to excavate an area that could have been used to supply fill for other portions of the project, the government caused a constructive change and had to reimburse the contractor for bringing in off-site fill. However, because the area was not excavated, a claim of "differing site condition" did not apply.

The Department of Veterans Affairs (VA) contracted with Beyley Construction Group (Beyley) to develop burial areas at the Puerto Rico National Cemetery. The work included a lot of excavation and earthwork. One of the areas to be excavated was a limestone hill known as a "mogote."

The contract called for fill and backfill to come from both excavated material onsite and "borrow [...]

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