David Boland, Inc.

Material Facts

• USACE awarded Contract No. W912P8-10-C-0079 to David Boland, Inc. for floodwall construction in New Orleans.
• Boland alleged encountering materially different subsurface conditions, including a void and timber piles.
• The contract required Boland to design and install a temporary retaining structure (TRS).
• Boland's subcontractor, Target Construction, Inc., was responsible for the TRS design and installation.
• The TRS flooded, and Boland attributed this to differing site conditions and defective specifications.
• USACE argued that Boland failed to demonstrate differing site conditions and that the specifications were not defective.

Parties

Appellant

David Boland, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W912P8-10-C-0079