Unionport Constructors JV v. Dep't of Transportation

Contract Dispute Resolution Board Remands Claim Back to Department of Transportation

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Contractor sought additional compensation to re-excavate a cofferdam, claiming that it encountered a differing site condition when the cofferdam’s soil bottom heaved. Claim is remanded to the agency for further fact-finding because the agency determination failed to consider facts and arguments raised by the contractor and the Board has insufficient information to determine the cause of the heave. Pending before the Contract Dispute Resolution Board (“CDRB” or “Board”) is a petition filed by Unionport Constructors JV (“Unionport”), arising from a contract (“Contract”) with the Department of Transportation (“DOT”) for construction services to replace the Unionport Bridge located at the Bruckner Expressway over the Westchester Creek in the Bronx. The total contract value was $231,760,052.20. This dispute pertains to excavation work performed for cofferdams 1 & 2 for the Bascule Pier.¹ Unionport is seeking additional compensation in the amount of $2,477,847.85 for re-excavation of the cofferdams. Unionport claims that it is entitled to payment because four months after it completed excavation of the cofferdam, it discovered that the bottom of the cofferdam had risen, also known as a “heave” or “boil.” Unionport argues that this heave was caused by unusual soil behavior and qualifies as a “differing site condition” (“DSC”) for which it should receive an adjustment to the contract price. DOT argues that Unionport caused the heave by over-excavating below the required limit and failing to maintain proper water levels within the cofferdam. For the reasons below, the matter is remanded to the agency for further fact finding. BACKGROUND In July 2017, DOT and Unionport entered into the Contract (Pet. at

Unionport Constructors JV v. Dep't of Transportation

Contract Dispute Resolution Board Remands Claim Back to Department of Transportation

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