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Thalle Construction Company

August 13, 2025Judge Sweet
Partially SustainedContract Changes / Constructive ChangesDelay / Disruption / SuspensionSuperior Knowledge

Thalle Construction Company appealed several claims against the United States Army Corps of Engineers regarding a construction contract for an auxiliary dam. The Board granted the government's motion for partial summary judgment on some claims while denying it on others.

Material Facts

  • The contract was for the construction of an auxiliary dam reinforcing berm and left rim stabilization at Center Hill Reservoir in Dekalb County, Tennessee.
  • Thalle had to use a higher-cost quartz aggregate supplier because the original supplier went out of business.
  • Thalle submitted a request for information indicating concerns about the approved sand source history.
  • The government awarded Contract No. W912P5-16-C-001 to Thalle for $42,972,545.
  • Thalle submitted a request for an equitable adjustment for increased costs to acquire quartz aggregate from Vulcan instead of Sand Products.

Parties

Appellant
Thalle Construction Company
Respondent Agency
U.S. Army Corps of Engineers
Contract Number
Contract No. W912P5-16-C-001
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