Board Determines Virus Is Excusable but Non-Compensable Delay

Davis Wright Tremaine LLP

A decision just issued by the Civilian Board of Contract Appeals (CBCA) offers guidance on how the federal government may respond to COVID-19 claims. In this case, there was an outbreak of Ebola at the project site, and the federal government did not provide any guidance to the contractor on how to respond to such an outbreak.

The contractor chose to demobilize and sought recovery of its increased costs under theories of constructive and cardinal change. The CBCA ruled as a matter of law that the Ebola outbreak constituted an excusable delay, but was not a compensable change under cardinal or constructive change theories. Notably, the Board did not address a constructive suspension theory of recovery, saying it was not before the Board.

We attach a copy of the decision for your review.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Davis Wright Tremaine LLP | Attorney Advertising

Written by:

Davis Wright Tremaine LLP

Davis Wright Tremaine LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.