62627

Patricia I. Romero, Inc. dba Pacific West Builders

February 13, 2024Judge Eyester
Partially SustainedDiffering Site ConditionsDefective Specifications

Patricia I. Romero, Inc. dba Pacific West Builders appealed the partial denial of its claim for compensation related to asbestos abatement and corridor wall replacement at Marine Corps Base Camp Pendleton. The Board granted the government's motion for summary judgment in part and denied it in part.

Material Facts

  • NAVFAC SW awarded an IDIQ multiple award construction contract to PWB for renovation work.
  • The contract incorporated FAR 52.236-2, DIFFERING SITE CONDITIONS.
  • PWB discovered asbestos under the concrete mop curb during renovation work.
  • PWB submitted a REA seeking $410,997.64 for abatement and related costs.
  • The contracting officer issued a final decision acknowledging some compensable delays but denying others.

Parties

Appellant
Patricia I. Romero, Inc. dba Pacific West Builders
Respondent Agency
Department of the Navy
Contracting Agency
Naval Facilities Engineering Systems Command Southwest
Contract Number
N62473-11-D-0065
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