61493

Watts Constructors, LLC

March 19, 2020Judge Prouty
Denied / Government PrevailedInspection / Acceptance / Warranty / Latent DefectsContract Changes / Constructive ChangesContract Interpretation

Watts Constructors, LLC appealed a decision regarding the use of electrical wiring methods under Contract No. W91238-14-C-0040, specifically whether the use of metal clad cable (MC) was permissible instead of rigid conduit. The Board denied the appeal, affirming the requirement for rigid conduit.

Material Facts

  • The contract was awarded to Watts Constructors, LLC on September 3, 2014, for the construction of several buildings at Camp Roberts, California.
  • The contract amount was $38,914,500.
  • Watts executed a subcontract with Helix Electric, Inc. to perform all electrical work on the project.
  • The contract contained a standard Changes clause allowing the contracting officer to change the terms.
  • Helix installed wiring using MC cable instead of the required rigid conduit, which was not objected to by the Corps until later in the project.

Parties

Appellant
Watts Constructors, LLC
Respondent Agency
U.S. Army Corps of Engineers
Contracting Agency
U.S. Army Engineer District, Sacramento
Contract Number
W91238-14-C-0040
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