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Where a contractor had to revise the government’s design and expend additional time and expense to construct a door for a helicopter hangar, the government argued unsuccessfully that the contractor was barred by a general disclaimer from claiming entitlement to a change order for its extra costs. The specifications contained a general disclaimer advising prospective [...]
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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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