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Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification

by Kent Holland | Dec 31, 2010 | Newsletter Article

Where Navy’s plans and specifications for roofing work were less than clear, and the contractor reasonably interpreted the contract as calling for waterproof paint rather than multiple-ply flashing material, the Court of Appeals for the Federal Circuit found the...

Subcontractor Barred from Appealing Federal Government Decision on a Prime Contract Dispute Even though it was 3rd Party Beneficiary

by Kent Holland | Dec 31, 2010 | Newsletter Article

Subcontractor is not permitted under the Contracts Disputes Act (CDA) to bring an action against the federal government where the prime contractor failed to pay the subcontractor for its work. This is true even though the federal department (U.S. Navy) committed to...

Liquidated Damages Enforced Against Road Re-Striping Contractor on Federal Highway Project

by Kent Holland | Dec 31, 2010 | Newsletter Article

The liquidated damages (LD) provision in a federally funded contract to re-stripe an interstate highway was held to be enforceable against the contractor that failed to complete a project on time. When the Montana Department of Transportation (MDT or MDOT) assessed...

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