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Board Addresses Lead Based Paint Dust Differing Site Conditions; Acceleration

Friday, May 02, 2003 02:48 pm

 
Board Addresses Lead Based Paint Dust Differing Site Conditions; Acceleration

In a far-ranging opinion, the Armed Services Board has denied a contractor's lead based paint (LBP) dust claims under theories of differing site condition, undisclosed superior knowledge, suspension of work, and constructive acceleration, while granting limited relief under a theory of constructive change.

The Navy awarded a contract to The Sherman R. Smoot Corp. for renovation of buildings at the Washington Navy Yard in the District of Columbia. Both the contract documents and the pre-bid site inspection indicated the presence of LBP. But Smoot encountered a condition it had not anticipated. The deteriorated condition of LBP caused continuously gen [...]

 
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