6226562937

ACC Construction Co., Inc.

September 1, 2022Judge Melnick
Denied / Government PrevailedGovernment-Furnished PropertyDefective SpecificationsSuperior Knowledge

ACC Construction Co., Inc. appealed for compensation under a construction contract with the U.S. Army Corps of Engineers regarding stormwater permitting costs. The Board denied the appeal, affirming ACC's responsibility for compliance with state regulations.

Material Facts

  • ACC was awarded a fixed-price contract for the design and construction of a military equipment concentration site at Fort A.P. Hill, Virginia.
  • The contract required ACC to obtain all necessary state and local permits and comply with applicable regulations.
  • Virginia's stormwater management laws required a permit application that included a stormwater management plan.
  • DEQ ultimately determined the site was a hotspot requiring specific stormwater management practices.
  • ACC submitted multiple plans to DEQ, which were found inadequate, leading to delays in obtaining the necessary permits.

Parties

Appellant
ACC Construction Co., Inc.
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W912QR-17-C-0021
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