H&L Contracting LLC

Material Facts

• H&L Contracting LLC was awarded a contract by USACE to dredge channels at Newburyport Harbor.
• The contract involved dredging a 15-foot channel at the mouth of the Merrimack River.
• H&L planned to use its cutterhead dredge, the Oyster Bay, but it was unable to perform due to sea conditions.
• H&L subcontracted with another company to provide a larger dredge to complete the work.
• H&L claimed extra costs due to USACE's alleged withholding of superior knowledge and defective specifications.
• The ASBCA sustained the appeal as to entitlement.

Parties

Appellant

H&L Contracting LLC

Respondent Agency

United States Army Corps of Engineers

Contract Number

W912WJ-22-C-0012