Solicitation Warned Contractor of Challenging Construction Site Conditions; CBCA 2482, Choctaw Transportation Company, Inc. v. Department of Agriculture

Appeal challenging the contracting officer’s final decision denying a claim for additional costs on a construction contract is denied, where the solicitation warned offerors of the dynamic water conditions at the site and the appellant’s subcontractor had experience working at the site, and therefore the appellant cannot rely on the differing site conditions clause to support recovery, and where challenging weather conditions do not qualify as a differing site condition and therefore costs related to weather conditions are not compensable.