Imagine reading a crime novel and just when you think you figured out whodunit, a plot twist suggests a different culprit. Previously, I’ve written about making sure the answer you think is right is, in fact, the right answer. In construction contracting, finding the right answer can be a difficult task when there are several separate contract provisions, specifications, and other documents incorporated into the parties’ agreement by reference.
Recently, a Contractor provided construction management services for NAVFAC at U.S. Naval Base Kitsap in Washington State. At bid time, the Contractor understood all the many parts of the solicitation allowed the roles of Superintendent and Safety Officer to be fulfilled by the same person. Post-award, NAVFAC demanded the two positions be fulfilled by two different people.
The U.S. Court of Federal Claims agreed with the Contractor. The Court interpreted together all the various references to Superintendent and Safety Officer in the parties’ agreement – a tedious task. Even the well-written Court’s opinion (like a good crime novel) seemed to suggest an answer until a new fact was introduced from a separate part of the parties’ agreement (like a plot twist). You don’t know whodunit until the end.
Linking Obligations
If you want to bind the subcontractor to the prime in every way the same as the prime is bound to the owner, then the incorporation clause of the subcontract should be: . . .
Termination of Government Contracts for Convenience (T4C)
Imagine you’re a Government Contractor under a firm, fixed-price contract and you’ve done nothing wrong. Nevertheless, the Government has decided to unilaterally end its contract with you. Yes, the Government can do this...
Government Contractors: Build a Snowman in August
As a Government Contractor, when have you agreed to perform a certain way, but later realized that another way is better for everybody? When the Government agrees, expressly or impliedly, to the alternative performance, it waives a credit for the unperformed work.
Construction Dispute Settlement: Dealing with Details
Reap the benefits of settling a construction dispute by doing these things.
E-mail Signature Not Enough to Certify a Claim
Construction project professionals routinely send e-mails with “signatures,” which typically include the sender’s typewritten name, title, contact information, and/or company logo. But, this sort of e-mail “signature” is not enough to certify a claim to the Government.
Government Contractors: Ask for a “Sum Certain” in Your Claim
If your Claim includes an item for damages with an amount “TBD,” you could lose the entire Claim.
Contractors: Be Aware When Contracting with Virginia Public Agencies
Without a valid contract, a Virginia public entity has no duty to to pay for any of your work.
Constructive Acceleration
Contractors know that time is money. So, the point is clear when expressly told to “Speed Up! Go Faster!”
But, what do you […]
Construction Contracts & Whodunit
Imagine reading a crime novel and just when you think you figured out whodunit, a plot twist suggests a different culprit. In construction contracting, finding the right answer can be a difficult task when
