Client Recovers on Claim On Differing Site Conditions Claim Involving Subsurface Contaminated Soils
We successfully resolved a substantial claim for our client, a large, Maine based site contractor, stemming from differing site conditions encountered on an aviation facility owned by project federal government. The case stemmed from the discovery of substantial subsurface PCB contaminated soils during the excavation phase. Based on pre-bid information, limited quantities of contaminated soils were anticipated in light of soil borings included in the plans and specifications. However, once construction was underway our client encountered more extensive subsurface contamination in locations and elevations that were not expected. The existence of the additional contaminated soils required a far more extensive and expensive soils testing and remediation process. Our client sought recovery of these additional costs, first from the general contractor and then from the federal government. Under our client’s subcontract with the prime contractor, it had the option to litigate its case in federal court in Northern California or pursue a federal administrative claims process in which its claims were “sponsored” by the prime contractor. Our client chose the latter. Following complex, three-party negotiations we were able to successfully resolve the dispute with our client receiving payment. Our client is thrilled with this outcome.