In 2004, the U.S. Army Corps of Engineers awarded Weston/Bean Joint Venture a contract to dredge the Miami River channel. That channel was originally created between 1931 and 1933, and has not been dredged since. Under the contract, Weston agreed to remove and dispose of contaminated sediment, and to be paid based on a price per cubic yard of dredged material. Once the work began, Weston discovered that the materials to be dredged included significant quantities of rock. Weston claimed that although the contract was for “maintenance dredging” and disposal of “sediments,” it was entirely outside the contract to require Weston to dredge and dispose of rock.
In June 2013, Plaintiff, Anham Fzco, d/b/a/ ANHAM LLC (Dubai), filed a breach of contract lawsuit in the U.S. Court of Federal Claims, alleging that the United States had breached a term of a settlement agreement. The agreement was reached following Anham’s bid protest challenging its exclusion from a procurement for services in Afghanistan. Under the agreement, the Government was to notify Anham within 60 days whether it would award a contract to Anham. The Government failed to do so.