Circle, LLC

Material Facts

• Circle, LLC submitted a claim for $1,652,739.64 based on an alleged constructive change to its contract with the U.S. Army Corps of Engineers.
• The contract involved a canal improvement project in Louisiana.
• The Corps issued a sealed bid solicitation for the project on 15 January 2003.
• Circle's bid preparation included a proposed design using AZ18x60 sheet piles.
• The Corps contended that Circle's design did not comply with contract requirements.
• Circle alleged that the Corps directed it to use the CWALSHT software for its design calculations.
• The Corps denied that any of its employees had the authority to modify the contract or direct Circle's design process.
• The project was completed on 7 July 2007.

Parties

Appellant

Circle, LLC

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912P8-04-C-0004