62204

Carothers Construction, Inc.

February 11, 2021Judge Clarke
Sustained / Appellant PrevailedGovernment-Furnished PropertyContract Changes / Constructive Changes

Carothers Construction, Inc. appealed a decision regarding the substitution of a roof deck product specified by the Air Force. The Board sustained the appeal, allowing the substitution and awarding compensation.

Material Facts

  • The Air Force solicited for the phased replacement of the Maxwell Elementary/Middle School at Maxwell Air Force Base.
  • The solicitation required a 2 1/2" thick acoustical roof deck.
  • Carothers submitted a request to substitute a 2" thick roof deck as an equal.
  • The Air Force denied the substitution and insisted on strict compliance with the 2 1/2" specification.
  • Carothers provided the 2 1/2" deck at additional cost and later filed a claim for compensation.

Parties

Appellant
Carothers Construction, Inc.
Respondent Agency
U.S. Army Engineer District, Mobile
Contracting Agency
U.S. Army Corps of Engineers
Contract Number
W91278-12-D-0037
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