H&L Contracting LLC

November 21, 2024Judge McLish

Denied / Government PrevailedDefective SpecificationsSuperior Knowledge

H&L Contracting LLC appealed a contracting officer's decision denying claims related to a dredging contract with the U.S. Army Corps of Engineers, with both parties moving for summary judgment. The Board denied both motions, finding material factual disputes.

Material Facts

USACE awarded H&L a contract to dredge shoaled sediments from the 9-foot and 15-foot navigation channels in Newburyport Harbor.
H&L relied on the information provided in the solicitation and its extensive dredging experience in preparing its bid.
H&L did not attend a site visit hosted by USACE but had previously observed the Newburyport channels.
H&L mobilized the Oyster Bay dredge to Newburyport Harbor in December 2022 but was unable to complete any dredging due to larger than expected sea swells.
H&L submitted a request for an extension of time due to the encountered sea swells, which USACE approved.
H&L later arranged for a subcontractor to complete the dredging of the 15-foot channel.
H&L contended that USACE possessed superior knowledge regarding the entrance channel conditions and the need for an ocean-going dredge.

Parties

Appellant: H&L Contracting LLC
Respondent Agency: U.S. Army Corps of Engineers
Contract Number: W912WJ-22-C-0012

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