Design Defects & Differing Site Conditions

Searching for an item to post is time-consuming and frustrating. However, some times an item pops up from an unexpected place. In this case, it was the U. S. Civilian Board of Contract Appeals. The case is straightforward and easy to read and contains some excerpts that are noteworthy. Here is what the Board said:

"Our view is in line with the contractor's. Although Drennon's technique for excavating the hillside may not have been ideal, due to the defects in the design of the project and significant differences between the geotechnical information provided and the actual soil composition, the hillside would have collapsed no matter what technique the contractor had used. Whether the contractor's design for the wall (which was approved by the agency) would have succeeded is irrelevant; the virtue of the design was not tested, since the project was truncated before the wall was built. We grant the appeal, excluding from the award only the contractor's profit on its suspension of work claim."

See the entire case at Drennon Construction & Consulting, Inc. v. The Department of the Interior.