Contractor Entitled to Adjustment When Soil Conditions Materially Changed for Construction Contract; ASBCA Nos. 58568, 58845, Appeals of Tetra Tech Facilities Construction, LLC

Appeal of the contracting officer’s denial a request for equitable adjustment is sustained, where a site conditions report provided by the agency indicated the soil was suitable for construction, when it was not; where a site condition report prepared by the contractor after award did not foreclose a claim for additional costs because the site conditions differed materially from the conditions indicated in the contract and upon with the contractor based its bid; and where a site visit did not allow the contractor to reasonably foresee the conditions, where no invasive investigation was allowed and where there were no observable facts that would have led the contractor to question the condition of the soil.