J.F. Shea Co. v. United States

OPINION

MEROW, Judge:

This construction contract case comes before the court on defendant’s motion for summary judgment, plaintiff’s opposition to summary judgment, and defendant’s reply.1

*49 Nature of the Case

In this action plaintiff alleges that during performance of its construction contract with the Department of Interior, Bureau of Reclamation, in which plaintiff was required to build a 7.34-mile aqueduct at a lump sum cost of $25,696,320, it encountered a differing site condition within the meaning of the Differing Site Condition clause contained in Article 4(a)(1) of the General Provisions…