Have you ever played hide and seek? If you are the seeker, do you win the game when you find the hidden person? Yes, of course!
Unless, you’re a government contractor seeking “hidden” requirements that seem to pop-up around every corner. Just when it seems you’ve found the answer, requirement, specification, or drawing detail, the government replies that you missed something and should have kept seeking.
Do not fear, you may yet win this round. Give notice, track your costs, and organize the documents supporting your position. Later you may submit a claim.
Under a recent design-build project for the U.S. Navy, the contractor submitted claims for extra work on the construction of a dormitory at Aviano Air Base in Italy. Although the ASBCA denied the appeal because the contractor didn’t consider the many requirements that were incorporated into the contract by reference (not verbatim), the case provides a good lesson for contractor’s –
When it seems you’ve found the answer, keep looking to ensure the answer doesn’t change.
Appeals of A.T.I. Tacose S.C.a R.L., ASBCA Nos. 59157 and 59200 (Jan. 4, 2017).
One-Sided Construction Arbitration Clause Valid in Virginia
When it’s time to butt heads, know how the local turf (court) will interpret the clause.
Manage the Risk of Construction Changes
Almost any problem on a construction project can be traced to one of two things: changes or delays (even delays are really just changes). As in life, embrace and manage the change don’t run from it.
Want Your Profit? Prove a Constructive Change, Not a Suspension of Work.
What’s the Difference Between a Suspension of Work and a Constructive Change? For federal contractors, there are two main differences: . . .
No Special Defenses to Arbitration Agreements
Arbitration agreements, whether they are separate or part of a larger agreement, are contracts – an enforceable set of promises between parties. […]
How to Find (and Confirm) the Plain Meaning in a Contract
Contract formation confirms the parties understand and agree to all the essential terms. When that understanding and agreement fades, how do you […]
Navigating the Requirements for Claims against Virginia Public Entities
Contractors making claims against Virginia public entities must follow ALL applicable requirements. Such requirements may be found in several places, so check […]
Virginia General Contractors Not Protected from Pre-Work Claim Waivers
On March 2, 2018, the Governor approved an act of the Virginia General Assembly to make unenforceable pre-work waivers of lien rights […]
Adding Terms to a Government Contract without Saying So
Imagine an incredulous Contractor asking, “Show me in the Contract where it says I’m supposed to do X?” The Government Contracting Officer smugly answers, “even though the Contract doesn’t say so, you must do it anyway.” Is that even possible, when, how?
Differing Site Conditions: When the Part Does Not Equal the Whole
If all apples are fruit, then why are all fruit not apples?
