Kiewit Construction Co. v. United States

OPINION

SMITH, Senior Judge.

This matter is before the court on Defendant’s motions for summary judgment and to dismiss Plaintiffs claim. Plaintiff seeks an equitable adjustment pursuant to the Contract Disputes Act (“CDA”) on two counts.1 Count One of Plaintiffs complaint alleges that the design specifications provided in a government construction contract were defective. Count Two alleges that site conditions at the construction work site differed materially from actual site conditions, resulting in damages to Plaintiff. Defendant contends that Count One should be dismissed pursuant to Rules…