Government Warranty of Performance-Type Specifications
Acceleration,Federal Government Contracts,Implied Warranty of Specifications,Specifications (Owner implied warranty)
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Two recent Board of Contract Appeals decisions addressed the conflict between the Government’s implied warranty of its design and its attempt to disclaim that warranty through the use of performance specifications. In both cases, the Boards allowed the contractors to recover damages. In Edsall Construction, Inc., ASBCA No. 51,787, 01-1 BCA 31,425, the Government awarded [...]
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