Martin Brothers Construction

Material Facts

• The contract required excavation, levee fill, compaction, hydroseeding, testing, and compliance with safety requirements for levee repairs.
• The contract used estimated quantities with fixed unit prices and included variations-in-estimated-quantity and changes clauses.
• Government responses to RFIs stated that the levee toe should be projected 3:1 from the existing hinge and that the repair dimensions might need adjustment.
• MBC notified the Corps of expected quantity overruns for excavation and levee fill at sites 18 and 19.
• MBC initially placed existing levee material before submitting the required testing results, and the Corps halted fill placement.
• Testing showed failures involving plasticity, compaction, moisture conditioning, and the reliability and completeness of testing data.
• The Corps stopped excavation at site 18 after observing vertical cuts ranging from 5-8 feet and required MBC to reconstruct the site using a 1.5:1 slope.
• MBC completed the work at sites 18 and 19 and later submitted additional testing data and surveys.
• The Corps accepted some sites but determined that sites 18 and 19 were unacceptable in material type and placement.
• The Corps did not remediate sites 18 and 19 as of February 2024.
• MBC's expert relied in part on the levees' performance during a 2023 flood event, while the Corps's expert identified testing and material-quality deficiencies.
• The Corps did not invoke the warranty clause to replace the hydroseeding.

Parties

Appellant

Martin Brothers Construction

Respondent Agency

U.S. Army Corps of Engineers

Contracting Agency

U.S. Army Corps of Engineers

Contract Number

W91238-18-C-0030