Watts Constructors, LLC

Material Facts

• The government awarded Watts a firm-fixed price task order under Contract No. N62473-10-D-5418.
• Watts incurred additional costs due to a differing site condition while performing work on the Sewer Lift Relocation.
• The government acknowledged the differing site condition but stated that any work completed before a processed modification was at Watts' own risk.
• Watts submitted cost proposals that included a percentage markup for field office overhead.
• The government denied Watts' cost proposal, asserting that the costs should have been recovered through the percentage mark-up for field office overhead.

Parties

Appellant

Watts Constructors, LLC

Respondent Agency

Naval Facilities Engineering Command Southwest

Contract Number

N62473-10-D-5418