Our client inadvertently provided non-compliant precast concrete manholes for a Corps of Engineers’ project in Hawaii and some of them were installed. The Corps directed they be removed and replaced. We demonstrated that the cost to correct was economically wasteful and that the work was otherwise adequate for its intended purpose. The Corps nevertheless directed removal and replacement.
The contractor filed a claim and appealed the denial of that claim to the Court of Federal Claims. Both parties moved for summary judgment. Although the court held that the disagreement between the parties’ expert witnesses precluded summary judgment, we persuaded the court to reject the government’s contention that it was entitled to strict compliance with the specifications. Following the court’s ruling, the government agreed to settle for $1.8 million.