Optimum Services, Inc.
Optimum Services, Inc. appealed a decision regarding a contract for dredging work at Rose Bay, claiming a differing site condition due to unexpected materials encountered during dredging. The Board ruled in favor of the appellant, determining that the conditions encountered materially differed from those indicated in the contract.
Material Facts
- OSI entered into a contract with the Corps to restore Rose Bay.
- OSI subcontracted the dredging work to Ryan Incorporated Southern.
- Ryan submitted a Request for Equitable Adjustment (REA) for $1.87 million and a 93-day time extension.
- The CO denied the claim, leading to the appeal.
- During dredging, Ryan encountered unexpected firm layers of crust and high concentrations of shell material.
- The Corps had previously conducted borings that indicated predominantly unconsolidated sediments.
Parties
- Appellant
- Optimum Services, Inc.
- Respondent Agency
- U.S. Army Engineer District, Jacksonville
- Contract Number
- W912EP-09-C-0033
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