P.W. Construction, Inc. v. United States

Type

Opinion of the Court

Author

Randall Ray Rader

Filed

Dec. 12, 2002

Case

P.W. Construction, Inc. v. United States

Case status

Decided

The first passage of the document, as extracted by the source provider.

RADER, Circuit Judge. In a bench ruling, the United States Court of Federal Claims awarded P.W. Construction, Inc. (PWCI) money damages in connection with a construction contract. Because the record does not support the grant of damages for lost productivity, additional landscaping, and additional pipe, this court vacates those awards. Because the trial court erred in holding the Government liable for PWCI’s above-bid costs incurred to secure valves under the contract, this court reverses the grant of damages on that issue. Accordingly, this court vacates-in-part, reverses-in-part, and remands. The Government awarded PWCI a fixed-price contract for the installation of natural gas pipe, valves, meters, and pressure stations at Vandenberg Air Force Base in California. During performance of the contract work, PWCI encountered unexpected underground obstructions. PWCI alleged that these obstructions delayed project completion and increased completion costs. PWCI sued the Government for $1,700,000 in damages. Following closing arguments, the Court of Federal Claims ruled from the bench, finding the Government hable for lost productivity, additional landscaping, and additional pipe used …

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