Contractor Allowed to Proceed on DSC and Specifications Theories in Roadway Dispute
Where is the line of distinction between a defective specifications claim and a differing site conditions (DSC) claim? For an example of why this matters, check out this new decision from the Court of Federal Claims arising out of a Washington road improvement project.
The contractor complained that the aggregate specified for use in the design documetnts for re-surfacing the road was unsuitable. In its complaint, the contractor alleged various theories, among them defective specifications and DSC. The government moved for summary judgment on the grounds that the DSC and specifications claims were redundant. The Court denied the motion, allowing the contractor to proceed on both theories.
The contractor complained that the aggregate specified for use in the design documetnts for re-surfacing the road was unsuitable. In its complaint, the contractor alleged various theories, among them defective specifications and DSC. The government moved for summary judgment on the grounds that the DSC and specifications claims were redundant. The Court denied the motion, allowing the contractor to proceed on both theories.
