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Constructive Acceleration Claim Denied Acceleration; Schedule

Saturday, April 03, 2004 12:34 pm

Constructive Acceleration Claim Denied Acceleration; Schedule

The Armed Services Board of Contract Appeals has denied a contractor's claim for constructive acceleration of the work. Any acceleration resulted from the contractor's desire to limit field overhead, not pressure from the government.

The Naval Facilities Engineering Command awarded a contract to Phillips National, Inc. to design and construct the renovation of 102 existing family housing units at the Naval Air Facility in El Centro, California. The contract called for construction to be performed in five phases, with total construction duration not to exceed 274 calendar days.

Phillips submitted a bar chart schedule indicating that all construction would be completed by December 4, 1997. The Navy's Resident Officer in Charge of Construction (ROICC) approved the schedule. The contract called for Phillips to submit a critical path method schedule which, once approved, would be incorporated into the contract by bilateral contract modification. Phillips nev [...]

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