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Site May Have Been Overgrown, But Contractor Was Not Overworked

Tuesday, July 03, 2012 08:46 am


Termination -- Differing Site Conditions

D&M Grading, Inc. v. Dept. of Agriculture, 2012 CIVBCA Lexis 129 (April 24, 2012)

A contractor's surprise at the extent of the required work did not create a differing site condition nor entitle it to extra pay--at least not without expert testimony to support that claim.

D&M Grading, Inc. (D&M) was terminated for default from a roadway vegetation maintenance contract with the Department of Agriculture. The agency contended that D&M failed to perform its required work--brushing 50 miles of roads--and the agency withheld payment to cover the cost of the reprocured work. D&M argued that the default was improper and that because of a differing site condition it was entitled to additional payment for work that fell outside the contract scope. The Civilian Board of Contract Appeals found in the government's favor.

D&M claimed that the contract called for only routine brushing, which was inadequate for the actual site conditions encountered. Upon reviewing the site conditions, D&M fo [...]

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