Optimum Services, Inc.
Optimum Services, Inc. appealed a decision regarding equitable adjustment for a differing site condition encountered during dredging operations. The Board awarded the appellant $1,267,124.51 and a time extension of 66 calendar days.
Material Facts
- OSI entered into a contract with the Jacksonville District Corps of Engineers to reconstruct a Disposal Area and dredge Rose Bay.
- Ryan Incorporated Southern was subcontracted by OSI to perform the dredging work.
- Ryan encountered a Type I differing site condition in eight out of nine Acceptance Sections.
- The Board previously found that Ryan was entitled to an equitable adjustment and remanded the case for quantum determination.
- The parties disputed the adjustments to be made to the Measured Mile formula for calculating equitable adjustment.
Parties
- Appellant
- Optimum Services, Inc.
- Respondent Agency
- U.S. Army Engineer District, Jacksonville
- Contract Number
- W912EP-09-C-0033
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