Case 1:07-cv-00143-MMS
Is the soil needed on site?
Document 46-2
Filed 05/02/2008
Page 1 of 1
Yes
No
Has disposal been authorized?
Appendix A: Issues Progression Flowchart
Use on site
No
Did government direct other disposition?
Yes
Are the materials to be disposed of within the scope of section 01572?
Dispose of outside limits of Ft. Lewis
No
Yes
Was government direction within scope of contract work?
No
Proceeds of disposal go ...? [Contract does not expressly say]
Yes
Can the materials be disposed of at a savings?
Leave in stockpile
No
Contractor is entitled to an equitable adjustment to its contract price
Yes
Contractor is not entitled to an equitable adjustment to its contract price
No
Yes
Constructive Change
Could they have been disposed of at a savings if it were not for the presence of a compensable differing site condition?
Savings goes to Contractor.
No
Contractor is not entitled to an equitable adjustment to its contract price
Yes
Contractor is entitled to an equitable adjustment to its contract price
Appendix A: Issues Progression Flowchart
Differing Site Condition Claim