John C. Grimberg Co., Inc.

Material Facts

• The contract was under Contract No. W912DR-09-C-0038.
• The appellant encountered a Type I differing site condition during drilling.
• The government argued that the appellant failed to reasonably interpret contractual indications of the quantity of incompetent rock.
• The Board found that the government's subsurface exploration data was flawed and deficient.

Parties

Appellant

John C. Grimberg Co., Inc.

Respondent Agency

U.S. Army Engineer District, Baltimore

Contract Number

W912DR-09-C-0038