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North American Landscaping, Construction and Dredge, Co., Inc.

August 9, 2018Judge Clarke
Partially SustainedContract Interpretation

North American Landscaping, Construction and Dredge, Co., Inc. appealed several claims against the U.S. Army Corps of Engineers regarding a dredging contract, resulting in a mixed outcome.

Material Facts

  • NALCO contracted with the U.S. Army Corps of Engineers for maintenance dredging of the Scarborough River.
  • NALCO claimed an unpaid contract balance of $960,482.48, unabsorbed overhead of $108,868, differing site conditions of $507,914.19, and a time extension of 94 days.
  • The CO invoked DFARS 252.236-7004(b) to limit NALCO's mobilization payments.
  • A revetment was constructed by Prouts Neck Country Club, which interfered with NALCO's dredging operations.

Parties

Appellant
North American Landscaping, Construction and Dredge, Co., Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912WJ-14-C-0004
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