American West Construction, LLC
American West Construction, LLC appealed a decision regarding cost savings realized by not constructing temporary bridges as specified in a government contract. The Board found in favor of the appellant, ruling that the government waived its right to enforce the contract specifications.
Material Facts
- The contract was a multiple award task order contract for design-build construction services awarded to American West on 27 September 2010.
- Delivery Order 02 was issued on 13 August 2015 for the construction of bridges over irrigation canals in El Paso County, Texas.
- American West sought to use a levee for access instead of constructing temporary bridges as specified in the contract.
- The government was aware of American West's decision to use the levee and did not object to this plan.
- The Corps made progress payments to American West without objection for the line item regarding the levee license agreement.
Parties
- Appellant
- American West Construction, LLC
- Respondent Agency
- U.S. Army Engineer District, Fort Worth
- Contracting Agency
- United States Army Corps of Engineers
- Contract Number
- W912HY-10-D-0039
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