Shopping Cart (0) items Sign In

Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

‹ Prev article: 
 

Claim Of Unusually Hard Concrete Breaks Through Govt. Denials

Saturday, October 04, 2008 03:55 pm

 
Claim Of Unusually Hard Concrete Breaks Through Govt. Denials

A Contract Appeals Board weighed heavily two subcontractors' experience and expertise in a case alleging type 2 differing site conditions.

Fuel Tank Maintenance Co., LLC (FTM) signed a $2.6 million contract with the Navy to demolish and repair concrete at the Puget Sound Naval Shipyard in Bremerton, Washington. The contract included a differing-site-condition clause, which required the contractor to notify the contracting officer (CO) promptly of any differing site conditions and described type 2 conditions as those that differ materially from what is "ordinarily encountered and generally recognized."

Although FTM completed the project, it claimed it only did so with great difficulty thanks to unusually hard concrete that thwarted demolition. After the CO denied a $700,000 request for equitable adjustment, which FTM had filed on behalf of subcontractor Democon, FTMappealed to the Board. The claim was based in part on a theory of a type 2 differing site condition. The Board sided with the contractor and agreed that the extraordinarily hard concrete constituted such a site condition. Here's why:

1. ' Never seen anything like it!'

Importantly, a type 2 differing site condition is one that couldn't be anticipated based on the contract documents, site inspection or contractor expertise/experience. Because the co [...]

 
› Next article: 
 
Sign up now for Construction Claims Monthly Online! Your own virtual help desk of must-have techniques, tutorials, and how-to articles.
 
Join Now Construction Claims Monthly! Close