57246

American Bridge Company

November 9, 2011Judge James
Denied / Government PrevailedContract InterpretationFailure to Prosecute / Dismissal

American Bridge Company appealed the contracting officer's denial of its claim for payment related to rock socket excavation under Contract No. N40085-08-C-2121. The Board denied both parties' motions for summary judgment.

Material Facts

  • The Naval Facilities Engineering Command awarded Contract No. N40085-08-C-2121 to ABC on 28 March 2008 for the total bid price of $14,996,752.00.
  • The contract included separate pay items for drilled shafts and rock sockets.
  • Case Foundation Company advised ABC that it had reached 'earth auger refusal' at an elevation higher than the drawings contemplated.
  • ABC requested a $329,358.88 equitable adjustment based on the excavation of 30 drilled shafts.
  • The CO's final decision denied ABC's claim in its entirety.

Parties

Appellant
American Bridge Company
Respondent Agency
Naval Facilities Engineering Command
Contract Number
N40085-08-C-2121
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