Better Roads Digital Magazine
Issue link: https://read.dmtmag.com/i/291564
Better Roads April 2014 23 those indicated. The Board found the contract contained some indica- tions of the site conditions, including the preliminary soils reports attached to the RFP. However, the Board found any absolute reliance by CCI on the preliminary soils reports would have been unreasonable, as the con- tract was design-build, and CCI should have performed additional investigation to confirm its design for land- based, open-cell construction. Instead, CCI entered the contract because it wanted its "foot in the door" in the Middle East to secure other business from the Corps. In addition, CCI did not prove it actually relied on the indicated conditions in the preliminary soils reports. Also, the conditions encountered by CCI were not materially different from those indicated, and the site conditions en- countered were not reasonably unforeseeable based on all information available at the time of the proposals. Finally, CCI did not prove its claimed injury was caused solely by the claimed differing site condition. For example, CCI's consultant found that profit, overhead, contingencies and cash-flow deficiencies in its pro- posal could easily have caused a shortfall of more than $15,600,000 and created a severe risk to CCI. He re- ported the CCI did not prepare a project estimate or ad- dress project conditions. CCI and its subcontractors had considerable difficulties procuring barges, cranes and other equipment. In addition, CCI did not present proof that all of its claimed differing site condition delays were to work on the critical path. As a result, the Board denied CCI's appeal. The CCI matter confirms the importance of understand- ing site conditions before entering a contract. To prevail on a Type I differing site-condition claim, the contractor needs to show the site conditions differ materially from those "indicated in the contract documents." This requires an understanding of the contract documents, including any preliminary soils reports and other data. CCI's failure to understand the contract documents and perform an independent assessment of the soils based on its design- build contract caused CCI to lose its appeal. IT WILL CHANGE YOUR JOB SITE Time wasted replacing pumps and performing maintenance on your lube equipment - or cleaning up dreaded oil spills - slows down your job site and costs you money. That's why Sage Oil Vac lube equipment features "no pump" designs that use low pressure compressed air to vacuum used oil and dispense new oil. Vacuum load product tanks up to 15 gallons per minute make for fast fluid changes and an enclosed clean system reduces the chance of spillage - making it safer for your employees and the environment. It's why Sage Oil Vac is fast becoming the preferred lube equipment of construction sites worldwide. Full Line of High-Quality Lube Equipment: • MOBILE LUBE TRUCKS • MOBILE LUBE TRAILERS • MOBILE LUBE SKIDS • LUBEBUILDER SERIES 877-OIL-VACS • WWW.SAGEOILVAC.COM 7H[W,1)2WRRUYLVLWZZZEHWWHUURDGVFRPLQIR