An Armed Services Board of Contract Appeals panel has sided with a U.S. Army contractor in a recently published opinion concluding the company was never warned about overly saturated, unstable soil conditions that purportedly cost more than $1 million to address on a $22.5 million project.
The Army was wrong to deny Tetra Tech Facilities Construction LLC a $1.2 million adjustment to the project, according to the three-member panel, because Tetra Tech was not put on notice about the site conditions requiring that expenditure and because the water cannot be attributed to natural causes.
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Tetra Tech is represented by Michael L. Burnett and Patricia M. Rosendahl of Greenberg Traurig LLP.