Clement Brothers Company, Inc. v. The United States

DAVIS, Judge: *

The issue at this stage is whether plaintiff-contractor can have an adjudication of its claims in this court, as it demands, or whether there must first be a hearing before the Corps of Engineers Board of Contract Appeals, as defendant insists. The contract was with the Engineers Corps for the construction of a dam embankment and related facilities. In the course of performance, plaintiff claimed, under the Changed Conditions Clause, that it had encountered certain unexpected rock formations which were harder and more costly to remove than reasonably contemplated. The parties…