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78-Day Lag In Reporting Changed Site Conditions Caused Delay

Tuesday, November 01, 2011 08:01 am

 

Delay - Differing Site Conditions

Appeal of: The Davis Group, Inc., 2011 ASBCA No. 57523, Lexis 59 (Aug.12, 2011)

A contractor alleged the government delayed approval of the contractor's design. But the Board of Contract Appeals found it was the contractor's tardiness in reporting a differing site condition that caused the delay.

The U.S. Army Corps of Engineers (Corps) project in Savannah District, Georgia required The Davis Group, Inc. (Davis) to design and construct buildings on a site intersected by a pond and stream. The design needed to adequately control post-development storm water runoff in accordance with Georgia's Environmental Protection Division (GA EPD). Davis alleged that a dispute over compliance with GA EPD's Coastal Stormwater Supplement (CSS) delayed the project. It filed a claim for equitable adjustment in the amount of $78,000 and an 80-day project extensio [...]

 
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