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Peak Water Flow Should Have Been Anticipated Delay-nonexcusable; Acceleration

Tuesday, September 02, 2003 05:23 pm

Peak Water Flow Should Have Been Anticipated Delay-nonexcusable; Acceleration

The U.S. Court of Federal Claims has ruled that peak water flow in a river should have been anticipated by a contractor. The resulting delay was not excusable and did not entitle the contractor to an extension of time.

The Army Corps of Engineers awarded a contract to Fraser Construction Co. to dredge a section of the South Fork Zumbro River in Rochester, Minnesota. The fixedprice contract called for project completion by the first of September.

During the course of the dredging, high water overwhelmed Fraser's diversion system and forced the contractor to [...]

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