In H&L Contracting, LLC, ASBCA Nol. 63695 (November 21, 2024), the contractor sought to recover for cost overruns it incurred in connection with a dredging contract. The contractor had to utilize an ocean-going dredge to...more
Contractors frequently execute modifications for extra work without considering the impact the boilerplate broad release language in the modification may have on future claims. Government agencies often seek dismissal of a...more
On May 9, 2024, the Armed Services Board of Contract Appeals ("ASBCA" or "Board") allowed a contractor to recover for a "constructive" value engineering change proposal ("VECP"). In Appeal of Herman JCG Co. JV, ASBCA No....more
In an unpublished opinion filed February 20, 2024, Division 1 of the Washington Court of Appeals held in C.A. Carey Corporation v. City of Snoqualmie that compliance with the WSDOT Standard Specifications for Road, Bridge and...more
In Granite Construction Company, ASBCA No. 62281 (November 1, 2023), the Armed Services Board of Contract Appeals ("Board") addressed the issue of what constitutes a reasonable period of time to suspend work under the...more
12/7/2023
/ Appeals ,
Armed Services Board of Contract Appeals ,
Business Interruption ,
Construction Industry ,
Construction Project ,
Contractors ,
Delay Claims ,
Employment Litigation ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
US Army Corps of Engineers ,
Work Suspensions
There is a reason why contractors need to review their contracts closely and the Washington Court of Appeals' decision in King County v Walsh Construction Company II LLC, No. 83787-7-1 (Wash. App. Ct. 2023) ("Walsh")...more
The decision in Williams Building Company v. Department of State, CBCA 6650 (April 26, 2023) is another warning about the risk of executing a contract modification without an appropriate reservation of rights.
Williams...more
On September 14, 2020, Division One of the Washington Court of Appeals provided clarification in the case of Lake Hill Investments, LLC. V Rushforth Construction Company, Inc., Case No. 79116-8-I, on how the Spearin Doctrine...more
In Regiment Construction Corp., CBCA 6449 (October 1, 2020), the Civilian Board of Contract Appeals (CBCA) addressed the interplay between contractor claims and Government fraud allegations. The matter arose when the...more
In 2015, the Alaska Department of Transportation and Public Facilities significantly amended the claims provision of its Standard Specifications—105-1.17. The amendments incorporate language from the standard conditions...more