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John C. Grimberg Co., Inc.

October 25, 2018Judge Peacock
Partially SustainedDiffering Site ConditionsDelay / Disruption / Suspension

John C. Grimberg Co., Inc. appealed several decisions regarding differing site conditions and delays in the construction of a Bio lab facility at Fort Detrick, Maryland. The Board sustained one appeal, partially sustained another, and denied the remaining appeals.

Material Facts

  • The contract was awarded to John C. Grimberg Co., Inc. for construction of the Navy Medical Biological Defense Research Laboratory.
  • The contract amount was $21,087,000.00 and the period of performance was 720 days from receiving notice to proceed.
  • The project site is located at Fort Detrick, which is known for its karst geology.
  • Grimberg encountered excessive quantities of incompetent rock during drilling operations, which constituted a differing site condition.
  • The Board found that the appellant's reliance on two borings most proximate to the Biolab foundation was unreasonable but more reasonable than the government's reliance on distant borings.

Parties

Appellant
John C. Grimberg Co., Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912DR-09-C-0038
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