CKY, Inc.
CKY, Inc. appealed the U.S. Army Corps of Engineers' decision denying claims for water-related impacts at a construction site. The Board partially sustained the appeal regarding undocumented culverts but denied the claim related to high river levels.
Material Facts
- The Corps issued Contract No. W912P8-11-D-0007 to multiple contractors, including CKY, for civil works construction projects.
- The contract included FAR 52.233-1, DISPUTES and FAR 52.236-2, DIFFERING SITE CONDITIONS.
- CKY discovered two undocumented drainage culverts that drained water into the construction site during rain events.
- CKY submitted a claim for $1,146,226.00 for work related to the Mississippi River's backflow and the undocumented culverts.
- The contracting officer issued a final decision denying CKY's claim in its entirety on December 11, 2015.
Parties
- Appellant
- CKY, Inc.
- Respondent Agency
- U.S. Army Corps of Engineers
- Contract Number
- Contract No. W912P8-11-D-0007
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