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Faulty Design, Not Unexpected Weak Bedrock, Sunk A Pier

Monday, November 01, 2010 04:40 am


Differing Site Conditions

Appeal of: Nova Group, Inc., 2010 ASBCA No. 55408 Lexis 65 (Aug. 13, 2010)

Proving that site conditions differed materially from those indicated in the contract is only the first step to damage recovery. If you can't also show causation, you're out of luck.

Nova Group, Inc. (Nova) incurred significant additional cost and time delay while working on a U.S. Navy project to design and build an open-ocean pier on San Nicolas Island, California. As a result of differing site conditions, the Navy awarded Nova an additional $2 million (on top of the original $11.5 million contract price) and extended the contract date by 132 days. Nova then sought another $6 million and additional delay as a result of Type I differing site conditions consisting of fractured bedrock, faults and severe slaking (deteriorating sedimentary rock). However, Nova was unable to show that the alleged conditions caused all of its costly and time-consuming construction troubles.

Those tr [...]

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