Free Supplemental Brief - District Court of Federal Claims - federal


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Date: May 2, 2008
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State: federal
Category: District
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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