58995

Lean Construction and Engineering Co.

November 5, 2015Judge Paul
Partially SustainedSuperior Knowledge

Lean Construction and Engineering Co. appealed a contracting officer's final decision denying its claim for additional costs related to a construction contract. The Board denied most of the claims but awarded a small amount for core sampling.

Material Facts

  • The U.S. Army awarded Contract No. W56SGK-13-C-7075 to Lean for construction work at the Kabul International Airport.
  • Lean's principal, Mr. Ghafar Rassin, did not perform a personal examination of the work site prior to the award.
  • The contract required Lean to commence work within ten calendar days after receiving the notice to proceed.
  • Lean encountered a 'soft mud' condition while excavating the road but did not notify the Army's COR in a timely manner.
  • The CO issued a suspension of work order due to concerns about the quality of Lean's work.
  • Lean submitted requests for equitable adjustments (REAs) for additional costs related to the differing site condition and opportunity costs.

Parties

Appellant
Lean Construction and Engineering Co.
Respondent Agency
Department of the Army
Contract Number
W56SGK-13-C-7075
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