61222

Walsh Group Ventures

May 14, 2020Judge Prouty
Denied / Government PrevailedContract Changes / Constructive Changes

Walsh Group Ventures appealed a decision regarding the use of telescoping piles for an air traffic control tower's foundation, which the government contended did not meet contract specifications. The Board denied both parties' motions for partial summary judgment.

Material Facts

  • The contract was executed on April 9, 2015, for $11,319,000 to build an Air Traffic Control Tower at Joint Base Lewis-McChord.
  • The contract included specifications for foundation piles with a uniform diameter of 24 inches.
  • Walsh proposed using telescoping piles, which the Corps rejected, insisting on uniform diameter.
  • Walsh submitted a certified claim for $1,573,216 and a time extension of 134 days, which was denied by the contracting officer.

Parties

Appellant
Walsh Group Ventures
Respondent Agency
U.S. Army Engineer District, Seattle
Contract Number
W912DW-15-C-0002
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