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U.S. Court of Claims Denies Contractor's 'Superior Knowledge' Claim Against Owner Despite Owner's Withholding of Reports That Would Have Revealed to Contractor Extent of Subsurface Deterioration of the Wharf to be Reconstructed

RDA Constr. Corp. v. United States, No. 11-555 C, 2017 U.S. Claims LEXIS 875 (Fed. Cl. July 27, 2017)

Author: John J. Gazzola

10/12/2017

Read the full post at Constructlaw

U.S. Court of Claims Denies Contractor's 'Superior Knowledge' Claim Against Owner Despite Owner's Withholding of Reports That Would Have Revealed to Contractor Extent of Subsurface Deterioration of the Wharf to be Reconstructed

This case arises out of a public construction project at the Newport Naval Station. The Naval Facilities Engineering Command (NAVFAC) contracted with RDA Construction (RDA) for the demolition, removal and reconstruction of a fifty-year-old deteriorating wharf and bulkhead. The wharf was supported by 248 steel H-pile beams, encased in concrete and driven into the sea floor. In 2005, NAVFAC commissioned the Appledore Report which found that these structures exhibited advanced deterioration, much of which could only be observed during underwater inspection and could not support any vehicular loads. A second report, commissioned in 2008, recommended that the structure not be used during its reconstruction.