55408

Nova Group, Inc.

August 13, 2010Judge Park-Conroy
Denied / Government PrevailedDiffering Site ConditionsDelay / Disruption / Suspension

Nova Group, Inc. appealed a decision regarding differing site conditions and delays related to a contract with the U.S. Navy for the construction of a supply pier. The Board denied the appeal, finding no merit in the claims.

Material Facts

  • The contract was awarded to Nova Group, Inc. by the U.S. Navy for the design and construction of a supply pier.
  • The original completion date was extended due to delays.
  • Nova claimed differing site conditions based on geotechnical reports that indicated subsurface conditions.
  • The Navy conducted additional borings after Nova reported settlement issues with the trestle.
  • The contracting officer awarded Nova $2,169,492 in two unilateral modifications for differing site conditions.

Parties

Appellant
Nova Group, Inc.
Respondent Agency
U.S. Navy
Contract Number
N68711-02-C-2004
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