Savannah River Nuclear Solutions, a waste contractor at the Savannah River Site, has amended its response in its case against Baker Concrete Construction.
The response came after allegations that the contractor owed Baker $10 million in relief.
The concrete company is seeking the $10 million figure due to the number of design changes the nuclear contractor has issued for the Waste Solidification Building – a $90 million plutonium and uranium waste-disposal project that Baker has been hired to build.
Baker has maintained that the changes caused several delays to the project and unforeseen costs.
In the updated response, Savannah River Nuclear Solutions cited its subcontract with Baker, which was made effective on July 13, 2009. Under the contract, SRNS stated that Baker was required to reach mechanical completion of the building by April 19, 2012, and physical completion by June 20, 2012.
“Baker agreed to perform its work under the subcontract in accordance with the dates set forth,” Savannah River Nuclear Solutions stated in the response. “Baker agreed that the subcontract embodies the entire agreement between SRNS and Baker and supersedes all other writings.”
Savannah River Nuclear Solutions furthered its argument by stating that Baker cannot ask for relief because it failed to meet deadline in other areas, as well.
These include submitting written notice within 10 calendar days if acts or omissions constitute a change to the work not covered by a change notice; giving written notice within 24 hours of the start of excusable delay; and providing a written description of the anticipated impact of the delay within seven calendar days of the start of the delay.
“Baker's claims are barred due to Baker's failure to comply with Subcontract provisions governing the treatment of claims,” the waste contractor stated in the response. “The complaint, in whole or in part, fails to state a claim upon which relief can be and, therefore, should be dismissed, in whole or in part.”
Savannah River Nuclear Solutions ended its response by demanding a trail by jury and requesting a dismissal of Baker's claims, an award of costs and expenses for reasonable attorney fees and future relief for costs associated with the case.
The contractor, as well as Baker, are both currently waiting for a ruling.
Derrek Asberry is a beat reporter with the Aiken Standard news team and joined the paper in June. He is originally from Vidalia, Ga., and graduated from Georgia Southern University with a journalism degree in May 2012.