Federal Circuit Reverses Metcalf v. U.S.

Holds Government Cannot Bar Differing Site Conditions Claims with Broad Disclaimer Language, AND Government is Bound by a Broad Duty of Good Faith and Fair Dealing In a major victory, not only for the contractor, but also for historic federal contract principles, the...

Differing Site Condition Claim Barred by Contract Disclaimers

Where a contract contained both a differing site condition clause as well as language stating that bidders may not rely upon data (such as soil information) provided by the owner with the invitation for bid (IFB) but should perform its own site investigation instead,...

Engineer Not Liable for Breach of Implied Warranty of Design

When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued  for negligence and breach of...

Risk of Differing Site Condition Not Shifted to Contractor

Contract provisions requiring contractors to perform site investigation and inspection prior to bidding did not impose the risk of subsurface conditions on the contractor, and therefore, did not preclude a claim for equitable adjustment.  When the contractor began...