604546045560669

CDM Constructors, Inc.

May 7, 2019Judge Sweet
Denied / Government PrevailedDefective SpecificationsContract Changes / Constructive Changes

CDM Constructors, Inc. appealed the government's motion for reconsideration regarding a defective specification claim under Contract No. W912PL-12-C-0022. The Board denied the government's motion.

Material Facts

  • The government moved to reconsider the Board's October 24, 2018 decision.
  • The government's motion was based on its assertion that CDM abandoned its defective specification claim.
  • The Board found that defective specification is a category of constructive change.
  • The Board clarified that the government's argument mischaracterized its findings of fact regarding the SCE drawings.
  • The Board noted that the government rejected CDM's design based on the SCE drawings.

Parties

Appellant
CDM Constructors, Inc.
Respondent Agency
U.S. Army Engineer District, Los Angeles
Contract Number
W912PL-12-C-0022
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