Granite Construction Co. v. United States

OPINION

LYDON, Senior Judge:

This Wunderlich Act review case is before the court on the parties’ cross-motions for summary judgment. The court must decide whether the Corps of Engineers Board of Contract Appeals (ENGBCA or Board) erred in finding that the contractor Granite Construction Company (Granite) was not entitled to recover damages claimed for removal and replacement of non-conforming materials on a concrete *832lock and dam under construction. After consideration of the parties’ submissions and oral argument, heard on April 12,1991, the court grants defendant’s motion for summary judgment,…