November 24, 2003

Hard Crust Rules!

Geotechnical Engineer's Testimony Crucial to Proof of Type 1 Differing Site Condition Claim

In ASBCA No. 52583, the Armed Services Board of Contract Appeals ruled the plans’ and specifications’ description of “hard crust” material reasonably led contractor to expect to be able to crush the material for use as fill. During the trial, the contractor was able to show the actual material encounterd was not hard crust.

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