David Boland, Inc.

Material Facts

• The United States Army Corps of Engineers awarded Contract No. W9128A-12-C-0009 to Boland for $54,772,000.
• The contract included a FAR 52.243-4(d) clause requiring equitable adjustments for changes.
• Boland subcontracted with Kingston Environmental Services to perform civil and earth work activities.
• Boland encountered a concrete-encased telecommunications line while excavating for a box culvert.
• The government directed Boland to construct a temporary power pole farther from a non-directional beacon than specified in the contract.
• The government required Boland to use structural backfill for the box culvert instead of native materials.

Parties

Appellant

David Boland, Inc.

Respondent Agency

U.S. Army Corps of Engineers

Contract Number

W9128A-12-C-0009