5781457964

PBS&J Constructors, Inc.

July 25, 2014Judge Scott
Denied / Government PrevailedDiffering Site ConditionsContract Interpretation

PBS&J Constructors, Inc. appealed the denial of two claims related to differing site conditions and the use of shallow foundations under a contract with the U.S. Army Corps of Engineers. The Board denied both appeals.

Material Facts

  • PBS&J Constructors, Inc. submitted a proposal for a firm-fixed-price contract for a design/build barracks project.
  • The contract was awarded on 27 February 2009 for $32,373,000.
  • PBS&J claimed differing site conditions due to groundwater encountered during drilling operations.
  • The Corps' geotechnical report indicated potential groundwater conditions but did not quantify the amount or flow rate.
  • PBS&J's claims were based on interpretations of the geotechnical report and boring logs, which the Board found unsubstantiated.

Parties

Appellant
PBS&J Constructors, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W9126G-09-C-0016
Open Official Decision PDF (asbca.mil)AI-analyzed, grounded in the decision text. Verify against the official PDF before relying on it.

Full Legal Analysis

Create a free account to read the complete grounded legal brief for this decision, including the holding, every issue the Board decided, quantum, verified citations, and the case's citation graph.

Holding & Legal Reasoning

The Board's holding, background, and procedural posture for this decision.

Issues Presented

Every issue the Board decided, with its determination, reasoning, and supporting authority.

Quantum & Recovery

The claimed, awarded, and net dollar amounts at issue, itemized where the record supports it.

Verified Authorities & Citations

Every cited FAR, DFARS, CAS, and case-law authority, cross-checked against the source text.

Practitioner Takeaways

Practical guidance for contractors and counsel, distilled from the Board's ruling.

Similar Cases

Related decisions surfaced by semantic search across the full analyzed corpus.

Citation Graph

An interactive graph of this case's cited authorities, judge, agency, and related decisions.

Related Decisions

Same Judge

Same Year

Same Issue

Newsletter

New decisions every Monday

GovConDash Weekly lists the decisions GAO, the boards, the courts and SBA OHA released that week, alongside the FAR Overhaul deviations and proposed rules that reach every contractor. Free.

Free, weekly, and one click to unsubscribe. We send a confirmation email first. See our Privacy Policy.