62281

Granite Construction Company

December 3, 2020Judge Clarke
Partially SustainedDelay / Disruption / Suspension

Granite Construction Company appealed a decision regarding compensation for delays caused by a suspension of work due to Hurricane Harvey. The Board granted partial summary judgment in favor of Granite, determining that anticipated adverse weather delays could not be subtracted from the suspension period.

Material Facts

  • Granite Construction Company was awarded Contract No. W9126G-15-C-0037 by the United States Army Corps of Engineers.
  • The COE issued a Notice to Proceed establishing a required completion date of May 31, 2019.
  • Hurricane Harvey made landfall on August 25, 2017, causing significant flooding in the Houston area.
  • The COE directed Granite to suspend work from August 28, 2017, through October 15, 2017.
  • Granite submitted a Request for Equitable Adjustment seeking $1,250,474 and five calendar days as compensation for additional costs incurred due to the suspension.
  • The COE and Granite executed Modification No. P00008 for $961,008 and four calendar days as compensation for additional work performed.
  • Granite's claim for the remaining 19 days of time-related costs was denied by the CO.

Parties

Appellant
Granite Construction Company
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
W9126G-15-C-0037
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