Blue Rock Structures, Inc.

October 21, 2021Judge Eyester

Denied / Government PrevailedDiffering Site Conditions

Blue Rock Structures, Inc. appealed a contracting officer's final decision denying its claim for additional costs and time due to a differing site condition. The Board denied the government's motion for summary judgment, finding a material fact in dispute.

Material Facts

The Navy awarded General Multiple Award Construction Contract (MACC) No. N40085-16-D-6300 to Blue Rock on December 18, 2015.
The MACC included terms and conditions incorporating FAR 52.236-2, DIFFERING SITE CONDITIONS (APR 1984).
Blue Rock was issued fixed-priced Task Order No. 0005 for $13,683,510 for repairs and improvements to Hangar 250.
Blue Rock subcontracted work to Carolina Architectural Products, Inc., which used Kalwall Corporation as its supplier for the translucent panels.
Kalwall's letter indicated a minimum bearing surface of 3½” was necessary for the translucent panel system.
The contracting officer denied Blue Rock's REA, stating the designer of record did not make a mistake and that the responsibility for design changes lay with Blue Rock and its subcontractors.

Parties

Appellant: Blue Rock Structures, Inc.
Respondent Agency: Department of the Navy
Contract Number: N40085-16-D-6300

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