6004260475606206094260943611116173361952

Conquistador Dorado Joint Venture

June 12, 2020Judge Thrasher
Denied / Government PrevailedDiffering Site ConditionsDelay / Disruption / SuspensionCDA JurisdictionAccord & Satisfaction / Release / Waiver

The ASBCA addressed appeals from Conquistador Dorado Joint Venture regarding claims for additional costs and delays due to differing site conditions under a Navy contract. The Board denied the government's motions for partial summary judgment and to dismiss one of the counts for lack of jurisdiction.

Material Facts

  • The Navy awarded Conquistador Dorado Joint Venture (CDJV) Contract No. N69450-08-C-1267 for the design and construction of Phase I of the Airfield Vegetation Construction Project at NAS Key West.
  • The contract incorporated FAR 52.236-2, DIFFERING SITE CONDITIONS, and FAR 52.243-4, CHANGES.
  • CDJV submitted a request for equitable adjustment (REA) alleging a differing site condition due to inaccurate geotechnical information.
  • The Navy executed Modification No. P00010, which incorporated CDJV's revised REA proposal and extended the contract completion date.
  • CDJV submitted a certified claim seeking $12,256,852 for additional work due to differing site conditions, which was denied by the contracting officer.

Parties

Appellant
Conquistador Dorado Joint Venture
Respondent Agency
Navy
Contract Number
N69450-08-C-1267
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