Agency Not to Blame for Subcontractor’s Financial Difficulties, Subsequent Termination and Replacement; ASBCA Nos. 58550, L.C. Gaskins Construction Co. Inc.

Appeal of the contracting officer’s deemed denial of a claim arguing differing site conditions is sustained in part, where the contractor discovered hazardous levels of metal in industrial coating waste, contrary to the solicitation’s assertion that no hazardous levels of such materials were present; and denied in part, where the financial difficulties of a subcontractor, which lead to delays in performance and increased costs to the contractor, were primarily caused by factors other than government fault.