61184

KiewitPhelps

December 30, 2022Judge Young
Sustained / Appellant PrevailedDefective Specifications

KiewitPhelps appealed a decision regarding mold growth in the HVAC system of the STRATCOM Project, claiming design deficiencies by the USACE. The Board sustained the appeal, finding the specifications defective.

Material Facts

  • The contract was awarded to KiewitPhelps for the construction of the STRATCOM Project at Offutt Air Force Base.
  • Mold was discovered in the HVAC system during construction, which KP alleged was due to design deficiencies.
  • USACE contended that the mold growth was caused by KP's subcontractor's failure to protect the duct.
  • The Board conducted a 9-day hearing and reviewed extensive evidence before making its decision.

Parties

Appellant
KiewitPhelps
Respondent Agency
United States Army Corps of Engineers
Contract Number
Contract No. W9128F-12-C-0023
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