Hensel Phelps Construction Co. v. The United States

ARCHER, Circuit Judge.

Hensel Phelps Construction Co. (Hensel Phelps) appeals the decision of the Armed Services Board of Contract Appeals, ASBCA No. 35767, 88-2 BCA (CCH) ¶ 20,701, denying its claim for an equitable adjustment in the amount of $100,983.00 on Contract No. DACA 56-87-C-0002. We reverse and remand.

Background

Hensel Phelps’ contract with the United States, entered into on October 29, 1986, was for the construction of a jet engine blade repair facility at Tinker Air Force Base, Oklahoma. The initial contract price was $33,617,000.00.

On December 4, 1986, Hensel Phelps requested a…