The United States Court of Federal Claims, in , No. 15-1189, 2022 WL 497186 (Fed. Cl. Feb. 17, 2022), issued an opinion discussing termination for default, differing site conditions, excusable delay, and the government’s superior knowledge. The Facts
The United States Army Corps of Engineers (USACE) issued a solicitation for dredging services of a waterway in Washington state. In that solicitation, USACE urged the bidders to inspect “the character, quality, and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site.”
That solicitation was “markedly different” […]
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