58067

Balfour/S&P Two, A Joint Venture

September 1, 2015Judge Wilson
Denied / Government PrevailedContract Interpretation

Balfour/S&P Two, A Joint Venture appealed the denial of a claim for costs related to remedial work on defective concrete foundation piers. The Board denied the appeal, finding the contractor responsible for the defects.

Material Facts

  • The contract was awarded to Balfour/S&P Two, A Joint Venture for the construction of the Airmen Training Complex Dormitory 1 at Lackland Air Force Base.
  • The contract included specifications for the installation of drilled concrete foundation piers.
  • Numerous deficiencies were identified in the construction of the piers, including issues with plumbness and concrete quality.
  • The contractor submitted a claim for $4,769,979 due to alleged defective pier design and constructive changes.
  • The contracting officer did not issue a final decision on the claim, leading to the appeal.

Parties

Appellant
Balfour/S&P Two, A Joint Venture
Respondent Agency
U.S. Army Engineer District, Ft. Worth
Contract Number
W9126G-09-C-0054
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