First Street Contractors, LLC

Summary

The Armed Services Board of Contract Appeals considered the parties’ cross-motions for summary judgment in First Street Contractors, LLC’s appeal concerning a Corps of Engineers wastewater-treatment-equipment contract. The appeal involves claims relating to differing site conditions for concrete floor openings, glass-lined valves, and temporary grit-pump watch services. The Board denied summary judgment on the claims because genuine issues of material fact remained regarding contract interpretation, foreseeability, and whether the directed work exceeded the contract requirements.

Holdings

1. Neither party was entitled to summary judgment because genuine issues of material fact existed as to whether First Street reasonably interpreted and relied on the contract's indication that the concrete-floor openings were larger than the grit pumps and whether the smaller openings were reasonably unforeseeable based on all information available at bidding.
2. Neither party was entitled to summary judgment because the contract was ambiguous as to whether valves larger than three inches had to be glass lined, and a factual dispute existed concerning whether extrinsic evidence showed that the parties intended such a requirement.
3. Neither party was entitled to summary judgment because a genuine issue of material fact existed as to whether the permanent grit pumps being out of service affected the treatment process, thereby bringing continuous temporary-pump watch services within the contract's continuous-work requirement.

Questions Presented

1. Whether either party was entitled to summary judgment on First Street's Type I differing-site-condition claim concerning the size of the existing concrete-floor openings.
2. Whether either party was entitled to summary judgment on the constructive-change claim concerning the Corps' requirement that valves larger than three inches be glass lined.
3. Whether either party was entitled to summary judgment on the constructive-change claim concerning continuous watch services for a temporary grit pump.

Disposition

other