Phylway Construction, LLC

Material Facts

• The government awarded Contract No. W912P819C0015 to Phylway on February 13, 2019, for $48,654,095.
• The contract included a High River Work Restrictions clause that required work to cease when the Mississippi River exceeded 11 feet.
• Phylway's subcontractor was unable to perform work on 230 days in 2019 and 171 days in 2020 due to high river levels.
• The government issued four bilateral contract modifications extending the performance period by over a year.
• Phylway's requests for equitable adjustment were declined by the government.

Parties

Appellant

Phylway Construction, LLC

Respondent Agency

United States Army Corps of Engineers

Contract Number

W912P8-19-C-0015