FEDERALUnited States Court of Federal Claims
2005

Renda Marine, Inc. v. United States

66 Fed. Cl. 639United States Court of Federal Claims • Decided 2005Enforced

HOLDING

Renda Marine sued the federal government over a dredging contract for the Houston-Galveston Navigation Channel, claiming it encountered unexpected subsurface conditions that increased costs. The court enforced a strict six-element test that contractors must satisfy to win Type I differing site conditions claims. Subcontractors need to understand these requirements because they determine whether you can recover extra costs when the ground conditions differ from what the contract indicated.

KEY FINDINGS

Change Order

Document what the contract said about subsurface conditions before you start work—this is your baseline for proving conditions differed

Dispute Resolution

Keep detailed records showing you acted reasonably and professionally when you discovered unexpected conditions

FULL COURT OPINION