Dragados USA, Inc.

Material Facts

• On 14 March 2008, the U.S. Army Corps of Engineers awarded Dragados USA, Inc. Contract No. W912EP-08-C-0011 for the construction of the Portugues Dam.
• The project included five construction phases, with specific tasks outlined for each phase.
• The contract specifications included Section 03700, 'CONCRETE,' and Section 03701, 'ROLLER-COMPACTED CONCRETE,' detailing the requirements for concrete production.
• On 23 April 2010, Dragados notified the COE that it believed the approved mix designs resulted in a change to the contract regarding aggregate production.
• Dragados submitted a Request for Equitable Adjustment (REA) for additional costs incurred due to changes in aggregate quantities.
• On 1 April 2011, the CO issued a final decision denying Dragados' claim, which led to the appeal.

Parties

Appellant

Dragados USA, Inc.

Respondent Agency

U.S. Army Engineer District, Jacksonville

Contract Number

W912EP-08-C-0011