CBCA 6987

DENIED: March 20, 2026 CBCA 6987 STELLAR J CORPORATION, Appellant, v. DEPARTMENT OF TRANSPORTATION, Respondent. Ryan W. Dumm and Ryan M. Gilchrist of Seyfarth Shaw LLP, Seattle, WA, counsel for Appellant. Rayann L. Speakman, Office of the Chief Counsel, Federal Highway Administration, Department of Transportation, Vancouver, WA, counsel for Respondent. Before Board Judges GOODMAN, KULLBERG, and ZISCHKAU. GOODMAN, Board Judge. On December 7, 2020, appellant, Stellar J Corporation (Stellar J), filed this appeal from a decision of a contracting officer of respondent, Department of Transportation, Federal Highway Administration (FHWA), denying appellant’s certified claim. On November 30, 2023, the Board issued a decision denying appellant’s motion for partial summary judgment and respondent’s motion for summary judgment. Stellar J Corp. v. Department of Transportation, CBCA 6987, 24-1 BCA ¶ 38,469 (2023) (summary judgment decision). A hearing on the merits was held on December 9-10, 13, and 17-18, 2024. The parties filed post-hearing briefs on February 28, 2025, and reply briefs on March 31, 2025. We deny the appeal. CBCA 6987 2 Background I. The Contract and Dispute This appeal arises from a construction contract (the contract) between appellant and respondent to construct improvements to the Wyeth Trailhead section of the Historic Columbia River Highway State Trail in Hood River County, Oregon. The scope of work included seven retaining walls, which appellant was required to design and construct, two of which were designated as Wall 1 (W1) and Wall 2 (W2). Appeal File, Section A, Tab 1.1 The dispute involves W2. The contract included construction drawings and plans prepared by CH2M, later known as Jacobs Engineering Group Inc. (Jacobs). Section A, Tab 2. Jacobs subcontracted with Cornforth Consultants, Inc. (Cornforth) to serve as geotechnical engineer of record for certain aspects of the project during construction. II. Relevant Solicitation and Contract Provisions A. Specifications and Schedule The solicitation and the contract contained “Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects,” referred to as Federal Project 14 (FP-14), as well as special contract requirements that amended and supplemented the FP-14. Section A, Tab 1 at 210-417, Tab 3. In its introductory “Specifications Format” subsection, the FP-14 correlates the item numbers in a bid schedule with the applicable FP-14 requirements section: “The first three digits of the pay item number in the bid schedule identify the Section under which the work is performed.” Section A, Tab 3 at 920 (FP-14 subsection 101.02). Schedule A is the bid schedule incorporated into the contract (bid schedule), and each bid schedule page is marked with “CQ = Contract Quantity.” Section A, Tab 1 at 37-48. The two items in the bid schedule associated with W2, and appellant’s bid prices for each, are: 1 The appeal file is divided by sections that are then subdivided by tabs. Unless otherwise noted, record citations identify the section, tab, and, as applicable, Bates number(s). Citations to hearing testimony identify the witness, volume, and page, with each of the five hearing days designated as volumes 1 through 5, respectively. CBCA 6987 3 Item No. 25501-1000, MECHANICALLY STABILIZED EARTH WALL, WELDED WIRE FACE2 Line A0860 Quantity: 37,503 Unit: SQFT [square feet (sq. ft.)] (CQ) Unit Price: [$]22 Amount: [$]825,066 Item No. 25701-0200, CONTRACTOR FURNISHED MECHANICALLY STABILIZED EARTH WALL DESIGN, WALL W2 Line A0940 Quantity: All Unit: LPSM (Lump Sum) Unit Price: $4000 Amount: $4000 Section A, Tab 1 at 39. The contract quantity of 37,503 sq. ft. under FP-14 section 255 for “Mechanically Stabilized Earth (MSE) Wall, Welded Wire Face,” referenced above, is the sum of the wall surface square footage in drawing M.20 for W1 (2906 sq. ft) and W2 (34,597 sq. ft.). Section A, Tab 2 at 864. The 34,597 sq. ft. for W2 is the figure relevant to this dispute. The bid schedule also included two additional items not related to the design and construction of W2 but relevant to resolving this appeal:3 Item No.