ASBCA 61989

DOCUMENT FOR PUBLIC RELEASE. The decision issued on the date below is subject to an ASBCA Protective Order. This version has been approved for public release. ARMED SERVICES BOARD OF CONTRACT APPEALS Appeal of - ) ) Maverick Constructors, LLC ) ASBCA No. 61989 ) Under Contract No. W912EP-13-C-0033 ) APPEARANCES FOR THE APPELLANT: James E. Krause, Esq. James E. Krause, P.A. Jacksonville, FL Joseph W. Lawrence, II, Esq. Vezina, Lawrence & Piscitelli, P.A. Fort Lauderdale, FL Devin Maxwell, Esq. Law Offices of Devin Maxwell Okeechobee, FL APPEARANCES FOR THE GOVERNMENT: Michael P. Goodman, Esq. Engineer Chief Trial Attorney Kristin Bigham, Esq. Sharon Shim, Esq. Catherine Awasthi, Esq. James M Zaleski, Esq. Engineer Trial Attorneys U.S. Army Engineer District, Jacksonville OPINION BY ADMINISTRATIVE JUDGE WILSON This appeal arises from a construction project in Hendry County, Florida. Appellant, Maverick Constructors, Inc. (Maverick or appellant), challenges the contracting officer’s denial of all nine of its certified claims. Within these claims, appellant argues that it is entitled to monetary compensation and time extensions for delays associated with certain issues that it allegedly encountered during construction, including a differing site condition, a constructive change, a design defect, and the government’s alleged decision to delay the contract closing date.  DOCUMENT FOR PUBLIC RELEASE. The decision issued on the date below is subject to an ASBCA Protective Order. This version has been approved for public release. The Board conducted six hearing dates between January and August 2022, at which Vice Chairman Shackleford presided 1. For the reasons stated below, the Board denies the appeal in its entirety. FINDINGS OF FACT 1. On August 9, 2013, the United States Army Corps of Engineers (USACE or Corps) issued Solicitation No. W912EP‐13‐B‐0006 for the construction of “water resource area levees, canals, pumping stations, control structures, siphon, access roadways, and associated appurtenant work” in connection with the Big Cypress Seminole Indian Reservation Western Water Conservation Restoration Project, Basin 2 and Siphon 2 (“the Project”) in Hendry County, Florida (R4, tab 5 at 1044, 1289). 2. The Project aimed to “rehydrate wetlands, improve water quality and water storage capacity on the Seminole Tribe’s Big Cypress Basin Reservation, the Big Cypress National Preserve, and the Everglades Protection Area” (compl. ¶ 29). 3. The Solicitation stated that the scope of work to be performed in Basin 2 would include: a. Clearing and grubbing of right‐of‐ways for levee and canal construction. b. Excavation of canals and placement of compacted embankment fill for levees, berms, and access roadways for Water Resource Areas 2E and 2W. c. Excavation of new drainage canals and cleaning of existing drainage canals. d. Installation of Siphon 2 including inlet and outlet control structures, 60" diameter piping, and excavation of spreader canals. e. Construction of four pumping stations. f. Installation of water control structures fabricated from corrugated aluminum culverts. Structures may include light duty sluice gates, concrete headwalls, and access catwalks. g.