NDG Constructors
NDG Constructors appealed the denial of its claim for differing site conditions encountered while tunneling under Interstate 90 for a waterline project. The Board denied the appeal, concluding that NDG did not establish entitlement to an equitable adjustment.
Material Facts
- NDG Constructors was awarded a task order under a Multiple Award Task Order Contract to construct a waterline under Interstate 90.
- The task order required NDG to complete the project in 180 calendar days after Notice to Proceed.
- NDG encountered what it considered to be Type I differing site conditions during tunneling.
- The contracting officer denied NDG's claim for an equitable adjustment.
- NDG submitted a certified claim for $146,278.94 and 9 calendar days for the differing site condition.
Parties
- Appellant
- NDG Constructors
- Respondent Agency
- U.S. Army Engineer District, Omaha
- Contract Number
- W9128F-06-D-0012
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