Claim of Differing Site Conditions Require Further Factual Determinations; COFC No. 16-687C, ASI Constructors, Inc. v. United States

The government’s motions to dismiss for lack of jurisdiction and for failure to state a claim are denied, where the contractor had previously presented claims to the contracting officer and where the claims related to differing site conditions under a construction contract included technical material that require further factual determinations.