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Contractor May Pay For Extra Wet Soil That Weighed Down Sub

Sunday, January 01, 2012 09:46 am


Contract Price -- Overpayment

U.S. ex rel. T&C Dirtworks, Inc. v. L&S-CKY JV, 2011 U.S. Dist. Lexis 114946 (E.D. La. Oct. 4, 2011)

Further proceedings are necessary to determine if a contractor is responsible for soil that may have been too wet and therefore increased the hauling subcontractor's costs in transporting the soil to the site.

T&C Dirtworks, Inc. (T&C) hauled too little dirt--and was paid too much--as a subcontractor on a U.S. Army Corps of Engineers (Corps) levee construction project in Louisiana. T&C blamed the prime contractor, L&S-CKY JV (L&S), for improperly processing the soil loaded onto its trucks and thus forcing the sub to haul extra loads to achieve the cubic yardage necessary to build the levees. T&C claimed its trucks were underloaded because the soil it carried had an unacceptably high moisture content, but L&S disputed its responsibility for controlling the moisture content of the soil to be transported to the site.

T&C claime [...]

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