64028

First Street Contractors, LLC

February 20, 2026Judge Sweet
Denied / Government PrevailedDefective SpecificationsContract Changes / Constructive Changes

First Street Contractors, LLC appealed against the United States Army Corps of Engineers regarding claims related to defective specifications and constructive changes in a contract for replacing grit dewatering equipment. The Board denied both parties' cross-motions for summary judgment on all claims due to genuine issues of material fact.

Material Facts

  • First Street Contractors, LLC entered into a contract with the United States Army Corps of Engineers to replace grit dewatering equipment at a wastewater treatment plant.
  • First Street claimed that the Corps provided defective specifications regarding the size of concrete floor openings.
  • The Corps required that valves larger than three inches be glass lined, which First Street contested.
  • First Street was directed to provide continuous watch services for a temporary grit pump after a failure in the new system.
  • The Corps did not formally respond to First Street's requests for equitable adjustments related to these claims.

Parties

Appellant
First Street Contractors, LLC
Respondent Agency
United States Army Corps of Engineers
Contract Number
W912P6-20-C-0021
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