61118

Brantley Construction Services, LLC

January 28, 2021Judge Page
Denied / Government PrevailedDefective SpecificationsContract Changes / Constructive ChangesContract Interpretation

Brantley Construction Services, LLC appealed a decision regarding alleged defective specifications and constructive changes in a contract with the U.S. Army Corps of Engineers for taxiway construction. The Board denied the appeal, finding no merit in the claims.

Material Facts

  • Brantley Construction Services, LLC entered into a contract with the U.S. Army Corps of Engineers to construct taxiways.
  • The contract allowed the contractor to choose between the slipform method or the fixed-form method for paving.
  • BCS alleged that the specifications for the slipform method were defective due to an ambiguous haul time requirement.
  • The government denied the allegations, asserting that BCS's issues arose from its own inabilities and choices.
  • BCS did not conduct a pre-bid site investigation and failed to prove reliance on the specifications when submitting its bid.

Parties

Appellant
Brantley Construction Services, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912HN-10-D-0056
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