ECC International Constructors/Metag(JV)

Material Facts

• The Corps awarded the Joint Venture a contract to construct numerous arch-span buildings at Camp Hero East in Kandahar Province, Afghanistan.
• The contract required the work to conform to the specifications and contract drawings and required compliance with the International Building Code and the Austere Standards.
• The Code provisions required foam plastic to satisfy flame-spread and smoke-development limits and required foam plastic to be separated from the building interior by an approved thermal barrier.
• The Baker Drawings showed arches covered in foam encased in a cementitious finish.
• The contract assigned the Joint Venture responsibility for ensuring that transmittals were complete, correct, and in strict conformance with the contract drawings and specifications.
• The Joint Venture's initial transmittals did not identify a variation, state that the submissions departed from the contract, or justify a variation.
• The Joint Venture installed BASF and Bayer non-rated foam covered with 18 mils of intumescent paint.
• The initially installed assembly did not comply with the Code Foam Assembly Provisions.
• The Contracting Officer suspended work associated with the foam assembly installation on April 7, 2013.
• The Contracting Officer later directed that the non-rated foam could be accepted if covered by 50 mils of paint or specified cementitious thermal barriers.
• The Joint Venture applied the additional paint between October 11, 2013 and February 15, 2014.
• The Joint Venture's certified claim concerned the foam assembly and was deemed denied when the Contracting Officer failed to issue a final decision.

Parties

Appellant

ECC International Constructors/Metag (JV)

Respondent Agency

United States Army Corps of Engineers

Contracting Agency

United States Army Corps of Engineers

Contract Number

W5J9LE-11-C-0046