61068

Trade West Construction, Inc.

October 5, 2022Judge Stinson
Denied / Government PrevailedDefective Specifications

Trade West Construction, Inc. appealed the denial of its claim for costs associated with shaping armor stone for a jetty project, arguing that the government improperly rejected the stone. The Board denied the appeal, finding that the stone did not meet contract specifications.

Material Facts

  • The United States Army Corps of Engineers awarded Trade West Contract No. W912PM-15-C-0024 for jetty repairs.
  • The contract required placement of armor stone weighing from 14 to 22 tons.
  • Trade West claimed costs for shaping armor stone after the government rejected the stone it proposed to use.
  • The contracting officer denied the claim, stating the stone did not meet the contract specifications.
  • The Board previously denied cross-motions for summary judgment, finding triable issues of fact.

Parties

Appellant
Trade West Construction, Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912PM-15-C-0024
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