Has your work on a government contract ever been delayed by another contractor? Did you (the prime contractor) have no control over the other contractor or entity? Did the Government promise you the other contractor would not inhibit your work? If yes to all three, consider the following success story of a Contractor’s recovery for delays against the Government caused by a third-party:
The successful Contractor under an IDIQ contract to perform canal excavation and sediment removal for the Department of Agriculture in St. Bernard Parish, Louisiana. Contractor encountered delays due to the continued presence of another contractor under a separate government contract at the same project site.
Key to the recovery was that during pre-bid site visit, the Contractor asked if the third-party’s work would be complete prior to the Contractor starting work. The Government replied, “Yes!” Fortunately for the Contractor, the pre-bid Q&A’s were made a part of the Contract by the Government’s own express direction.
Generally, the Government is not responsible for delays caused by third parties, even other contractors at its own project site, unless the Government affirmatively indicates the site will be ready and available.
The Civilian Board of Contract Appeals found the pre-bid Q&A’s were sufficient to establish a warranty by the Government that the site would be available. The Contractor recovered from the Government for the delays caused by the third-party contractor.
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?
Forum Selection Can Be a Home-Court Advantage
I promise that any disputes between us will be argued at your house. Time passes and a dispute begins to brew. Now, I want to argue at my house, not at yours. You pay costs to argue at my house that you wouldn’t have incurred had I done as agreed. Should I have to reimburse your costs?
No-Damage-for-Delay and Owner-Related Dispute Clauses are No Defense to Surety Liability Under Miller Act
Prime Government Contractors - you may need to update your interim payment waivers.
Contractual Fairness is Whatever the Parties’ Agreed
When you know a current action or inaction is wrong, but you do not object, should you be allowed to object later?
Which Comes First – Specifications or Drawings?
Sometimes it's not better to ask for forgiveness after-the-fact.
Government Contract Claims: When Appeal is Rejection of Settlement
Without a reservation of rights, appealing a Contracting Officer’s Final Decision is a rejection of any offer of payment or settlement included therein. So, the contractor had only three options.
