Like cars, computers, and appliances, construction projects include warranties too. Similarly, construction project warranties are limited to causes within the contractor’s control for damages to which the Government or owner has not contributed.
To show a breach of construction warranty, the Government must prove:
- Contractor was responsible for the defective materials or workmanship at issue;
- Government provided timely and proper notice to Contractor; and
- Government did not cause or contribute to the defect(s) or damage(s).
On a $137 million contract for renovation of 22-story historic art deco building located in Boston, Massachusetts, the Contractor installed ball valves of a type different than specified. The Government accepted the Contractor’s installation. Thereafter, an IT services provider unrelated to the Contractor inadvertently bumped/opened one of the water valves enough not to be immediately noticed. But, it was enough to slowly cause nearly $1 million-worth of damage to the building.
The Government failed to prove it did not cause or contribute to the damage since its own IT provider (unrelated to the Contractor) had inadvertently opened the valve.
Notably, the specified valve was a type that required a thumbscrew to open, but the installed/accepted valve was a lever type, which is much easier to inadvertently open.
Suffolk Construction Company, Inc. v. General Services Administration, Civilian Board of Contract Appeals, Nos. 2953, 2954, 2955, 3596, 4175, 4377, and 5006 (December 19, 2019).
Roads & Bridges
Where Does the Buck Stop?
Jon is a monthly contributor to Roads & Bridges magazine. He has been writing the law section for the magazine since January 2020. The link below will take you directly to the Roads & Bridges […]
Pay-If-Paid Unenforceable in Virginia Starting Jan. 1, 2023
As of Jan. 1, 2023, pay-if-paid clauses are unenforceable, regardless of whether a surety/payment bond claim is involved. This is only for subcontracts created on/after 1/1/23.
Also for subcontracts created on/after 1/1/23, the prime must specifically […]
How Short is Too Short
A limitations period is too short when it’s unreasonably short.
Construction Contracting Without Relief Clauses During COVID-19
What to do if your contract lacks the parts to handle COVID-19? Considerations for creating new contracts during COVID-19.
Your Contract Can Handle COVID-19
Uncertainty and risk are not new or novel to contractors. Contracts reduce uncertainty and share the risk of doing or providing something. COVID-19 may have contributed to, but it has not single-handedly created, uncertainty and risk.
Contractors Can Use RFI to Notify the Government
The Board (and the government) should not elevate form over substance in evaluating the sufficiency of a contractor’s notice.
Taxes Due!
It’s tax season again, so it’s time to pay the piper.
Contractor Wins when Government Reconsiders Accord
Ever had buyer’s remorse or second-guessed a decision? When the U.S. Army Corps of Engineers did that, a Contractor won its claim for time and money.
On a flood control project near Nogales, Arizona, severe flooding […]
Claim Certified with Digital Signature Deemed OK
The law is not a trend-setter. It doesn’t readily change or adapt to tech. So, a commonplace practice in business became a dispute when a claimant digitally certified a claim under the Contract Disputes Act.

Jonathan J. Straw
Blog Author
Contact Jonathan
Partner | KraftsonCaudle.com
Download Jon’s Bio
