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3/14/2003



Rail News: Passenger Rail

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


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.


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