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Design 'Red Flag' Pointed To Unstable Soil, Precluded Site Condition Claim

Friday, September 03, 2010 02:52 am


Differing Site Conditions

Central Allied Enterprises, Inc. v. The Adjutant General's Department, 2010 Ohio 3229; 2010 Ohio Misc. Lexis 127 (June 18, 2010)

Moist soil offered no support to a contractor seeking extra compensation for work it performed to shore up the ground beneath a helicopter landing pad. The seeping water should have come as no surprise to the contractor, considering the information contained in the contract and design documents, the court ruled.

The Adjutant General's Department (AGD) hired Central-Allied Enterprises (CAE) to rebuild the helicopter apron at the Akron Canton Army Aviation Support Facility in Ohio. Once CAE began work, it encountered several areas of unsuitable soil that required the contractor to excavate more soil than planned and to replace the excavated soil with additional aggregate and layers of geo-fabric to stabilize the earth. CAE contended the unstable s [...]

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