60121

R.L. Persons Construction, Inc.

March 15, 2018Judge Sweet
Denied / Government PrevailedDiffering Site ConditionsContract Interpretation

R.L. Persons Construction, Inc. appealed the contracting officer's denial of its request for equitable adjustments related to groundwater encountered during construction. The Board denied the government's motion for summary judgment, allowing the appeal to proceed.

Material Facts

  • The Corps issued Solicitation No. W912EQ-12-B-0009 for the construction of a slurry trench and two berms.
  • The solicitation indicated that the Corps would provide a borrow pit for obtaining earthen materials.
  • R.L. Persons submitted a proposal in response to the solicitation and was awarded Contract No. W912EQ-13-C-0001.
  • R.L. Persons began excavating materials from the borrow pit on 27 June 2013.
  • R.L. Persons encountered groundwater in the borrow pit and submitted a claim related to it on 11 February 2015.
  • The contracting officer denied the claim in its entirety on 5 May 2015.

Parties

Appellant
R.L. Persons Construction, Inc.
Respondent Agency
U.S. Army Engineer District, Memphis
Contract Number
W912EQ-13-C-0001
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