CCM Corp. v. United States

OPINION

FUTEY, Judge.

This case is before the court after a trial on the merits. Plaintiff, a construction contractor, claims that the presence of tar beneath a concrete walkway constitutes an unanticipated site condition which entitles it to an equitable adjustment of a contract price. In addition, plaintiff requests compensation for performance delays allegedly caused by defendant from approximately June 1, 1983, until “sometime” in October 1983. In response, defendant asserts that plaintiff has failed to demonstrate that the tar-based waterproofing system is materially different from the…