Skanska USA Civil Southeast, Inc.

Material Facts

• The contract was a firm fixed-price design-bid-build project for the demolition of Piers 4 and 5 and construction of a new pier at the Norfolk Naval Shipyard.
• Skanska claimed additional costs due to the removal of interior timber bearing piles not treated with creosote.
• The Navy's solicitation instructed bidders to assume the timber piles were creosote-treated.
• Skanska argued that the lack of creosote treatment constituted a differing site condition or defective specification.
• The Navy awarded the contract to Skanska on September 29, 2010, for $164,321,000.
• The contract required Skanska to completely extract and demolish all timber piles.

Parties

Appellant

Skanska USA Civil Southeast, Inc.

Respondent Agency

Department of the Navy

Contract Number

N40085-10-C-3006