The Davis Group, Inc.

Material Facts

• Davis contends that some of the Board's findings were erroneous, not supported by the record, or clearly contrary to the preponderance of the evidence.
• Davis' delay in notifying the COE of a possible changed site condition was found to be the proximate cause of the later delay in government approval.
• The contract required Whitaker's final geotechnical evaluation report to be submitted along with the first foundation design submittal.
• Davis submitted its design on 2 December 2009 but failed to establish that it submitted the final geotechnical evaluation report.
• The COE was found to have knowledge of buried wood at the site on 6 January 2010.
• Davis' 18 January 2010 notice prompted the COE's subsequent investigation on 28-29 January 2010.

Parties

Appellant

The Davis Group, Inc.

Respondent Agency

U.S. Army Engineer District, Mobile

Contracting Agency

U.S. Army Engineer District, Savannah

Contract Number

W912HN-08-D-0037