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Rail News Home Passenger Rail

3/14/2003



Rail News: Passenger Rail

Tunnel construction dispute: U.S. appellate court rules in favor of WMATA


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Washington Metropolitan Area Transit Authority (WMATA) recently was found not liable by the U.S. Court of Appeals for the District of Columbia Circuit Court, which upheld a federal district court’s 2001 construction dispute decision.



The court dismissed a claim from KiSKA-Kajima Construction Corp. alleging that WMATA misrepresented information about a tunnel construction project. A $44.6 million contract was awarded to KiSKA-Kajima, which later contended WMATA had given the company defective project specifications.



KiSKA-Kajima also alleged WMATA did not disclose how difficult the project would be, and filed for $47.5 million in damages, according to a prepared statement.



All design information was made available to prospective bidders prior to awarding the contract, WMATA officials said in defense documents.