C.J. Mahan Construction Company

Material Facts

• C.J. Mahan Construction Company entered into a contract with the United States Army Corps of Engineers to remove a lock and dam on the Ohio River.
• Mahan bid the contract based on a proposed five-person dive team, which was approved by the government.
• The USACE later required Mahan to employ a sixth crew member when attempting to use a second working diver.
• Mahan submitted a request for equitable adjustment seeking compensation for additional costs incurred due to lower productivity and the added crew member.
• The government denied Mahan’s REA despite issuing a contract modification for another nearby dive contract requiring a sixth crew member.

Parties

Appellant

C.J. Mahan Construction Company

Respondent Agency

United States Army Corps of Engineers

Contract Number

W912QR-18-C-0033