Meyers Companies, Inc. v. United States

OPINION

MEROW, Judge.

This matter, before the court on defendant’s motion for summary judgment, involves a contract between the plaintiff, Meyers Companies, Inc. (“Meyers”), and the government for the construction of a stone fill dike in the Mississippi River. During performance, Meyers encountered shallow water which delayed work for a significant period. Meyers asserts that it is entitled to an equitable adjustment for the costs incurred during the delay because the shallow water constituted a Type I differing site condition and because the government misrepresented the water depth in the…