J.E. McAmis, Inc.

November 19, 2010Judge Van Broekhoven

Partially SustainedOther

J.E. McAmis, Inc. appealed the denial of three claims related to increased costs due to road access restrictions imposed by Butte County. The Board sustained two claims regarding increased haul costs and testing costs, while denying the claim for rejected rock.

Material Facts

The contract was a fixed-price construction contract awarded to J.E. McAmis, Inc. on 24 February 2000.
The contract included specific haul routes depicted in contract drawings C-1 and C-2.
Butte County imposed an Urgency Ordinance limiting vehicle weight on certain roads, impacting access to the project site.
Appellant's subcontractor, Nordic Industries, was responsible for hauling rock from designated quarries.
The government initially indicated that the Urgency Ordinance did not apply to the project, but later the restrictions affected operations.

Parties

Appellant: J.E. McAmis, Inc.
Respondent Agency: U.S. Army Engineer District, Sacramento
Contract Number: DACW05-00-C-0020

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