Stuyvesant Dredging Co. v. United States

33 Cont. Cas. Fed. 75,152, 11 Cl. Ct. 853, 1987 U.S. Claims LEXIS 37
CourtUnited States Court of Claims
DecidedMarch 5, 1987
DocketNo. 3-85C
StatusPublished
Cited by31 cases

This text of 33 Cont. Cas. Fed. 75,152 (Stuyvesant Dredging Co. v. United States) is published on Counsel Stack Legal Research, covering United States Court of Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stuyvesant Dredging Co. v. United States, 33 Cont. Cas. Fed. 75,152, 11 Cl. Ct. 853, 1987 U.S. Claims LEXIS 37 (cc 1987).

Opinion

OPINION

MOODY R. TIDWELL, III, Judge:

This case was brought directly before the court pursuant to the Contract Disputes Act of 1978, 41 U.S.C. § 609(a)(1) for the recovery of excess costs due to an alleged defective specification or differing site condition. Defendant requested that the Complaint be dismissed with prejudice.

FACTS

On June 24,1982, defendant, through the United States Army Corps of Engineers, awarded contract No. DACW 64-82-C-0036 to plaintiff for maintenance dredging of the Corpus Christi Ship Channel. Stuyvesant Dredging Company (SDC) was formed in 1980 to time charter the dredge STUYVESANT from Carlisle Dredging, Inc. Under a separate agreement, outfitting of the dredge, selection of the crew, and control of the day-to-day dredging op[855]*855erations were the responsibility of Williams McWilliams, Inc. The STUYVESANT is a large hopper dredge with state of the art design. It was commissioned on June 11, 1982, two weeks before execution of the contract. The contract with SDC represented the first time that a commercial dredge had cleared the Corpus Christi Ship Channel.

During the time the Corpus Christi Ship Channel invitation for bids was under preparation, SDC bid on two other Corps’ dredging projects, one at Sabine-Neches and the other at Freeport. In preparing bids on the two latter projects, the Chief of Operations of SDC and the Dredging Superintendent of the STUYVESANT reviewed records in Corps’ offices of previous dredgings for both channels, removed physical samples of the materials that were to be dredged, and performed echo soundings of the channel bottoms.

SDC was awarded the Freeport contract. It was the first contract to be performed by the STUYVESANT and was not a total success in that the Corps eventually accepted less work than contracted for because SDC complained that it encountered virgin materials.1

During sea trials and while preparing to dredge the Freeport Channel, SDC prepared a bid for the Corpus Christi Ship Channel. However, unlike its bid preparations on the Sabine-Neches and Freeport projects, SDC did not review records of previous dredgings, did not take material samples or echo soundings and did not visit the job site.

The channel specifications in the Corpus Christi contract required that the channel be dredged to restore it to depths of 49 feet below mean low tide in one stretch and 51 feet for the remaining length. The channel was 600 to 700 feet wide and 20,500 feet long. The contract called for an estimated 1,028,000 cubic yards of material to be removed from the acceptable prism of the channel.2 The prescribed prism 3 contained an estimated 1,970,000 cubic yards of material (including the 1,028,000 cubic yards in the acceptable prism) which, because of the inaccuracies of the dredging process, could be dredged for pay. The area beneath the prescribed prism was non-pay yardage meaning the Corps would not pay for material dredged from that area.

The stated purpose of the contract was to remove all shoaling that had accumulated since the channel was last dredged, i.e., to restore the channel to the acceptable prism. Periodic dredging of this nature is termed maintenance dredging and, according to defendant, the last maintenance dredging was performed by the Corps of Engineers’ dredge GERIG in 1978. There was, however, dredging performed in the Corpus Christi Ship Channel in 1981, following Hurricane Allen, by other Corps’ dredges to open the channel to navigation. Defendant termed the latter “emergency dredging,” designed to open the channel to shipping until the channel could be completely maintenance dredged to its acceptable prism. Neither the Corps nor the industry categorizes emergency dredging separately. Emergency and maintenance dredging are both considered maintenance dredging. A report commissioned by the dredging industry, called the “Gahagan Report,” issued in December, 1980, contained a summarization of dredging of the Corpus Christi Ship Channel but did not distinguish between maintenance dredging and emergency dredging.

SDC based its bid upon the assumption that the 1981 dredging had reestablished the acceptable channel prism and that, therefore, the material to be dredged had been deposited in the last year and a half. Defendant disagreed with plaintiff’s as[856]*856sumption on the basis that the 1981 emergency dredging had not returned the channel to its acceptable prism and that it was the purpose of the SDC contract to accomplish that particular goal. Defendant iptended for plaintiff to dredge material that had been in place since the last “maintenance” dredging in 1978, and not just material deposited after the 1981 “emergency” dredging.

The contract provided, in pertinent part, as follows:

1-1.1. Work to be Done
1—1.1.1. The Work consists of furnishing all plant, labor materials and equipment and performing all work required by these specifications and the schedules and drawings ...
4-1 CHARACTER OF MATERIALS.
4-1.1 The material to be removed to restore the depths within the limits specified in Construction Technical Provision 1-1., DESCRIPTION OF WORK, is that composing [sic] of shoaling that has occurred since the channel was last dredged, however, some virgin material may be encountered in the prescribed prism, and/or side slope dredging. Bidders are expected to examine the site of the work and the records of previous dredging, which are available in the Galveston District Office, 400 Barracuda Essayon Building, Galveston, Texas 77553 and Corpus Christi Area Office, No. 3 Science Park, Corpus Christi, Texas 78401 and after investigation decide for themselves the character of the materials.
* * * * * *
4-1.3 In-Situ Densities. The following table details the results of a nuclear density survey conducted in the project area on 4 April 1979. The in-place density readings presented represent the average value of the density readings taken within the range indicated. The averaged values should not be interpreted as indicating the maximum or minimum density of material which may be encountered.
Channel Density Density
Station Location (kg/liter) (lb./ft)
210+00 Centerline 1.454 90.7
290+00 N. Half 1.380 86.1
170+00 Centerline 1.517 94.6
150+00 S. Half 1.422 88.7
130+00 N. Half 1.675 104.5
110+00 Centerline 1.372 85.6
2. Changes

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Cite This Page — Counsel Stack

Bluebook (online)
33 Cont. Cas. Fed. 75,152, 11 Cl. Ct. 853, 1987 U.S. Claims LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stuyvesant-dredging-co-v-united-states-cc-1987.