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Contractor Recovers Under "Jury Verdict" Method Damages

Friday, September 03, 2004 02:44 pm

Contractor Recovers Under "Jury Verdict" Method Damages

The Department of the Interior Board of Contract Appeals has ruled that while a contractor could not use the "total cost" method for quantifying its damages, the case met the three-part test allowing use of the "jury verdict" method.

The Bureau of Reclamation (BOR) awarded a contract to the joint venture of Marshall Associated Contractors, Inc. and Columbia Excavating, Inc. (Marshall) to construct a 16-mile gravel road in the mountains of Utah, providing access to a proposed irrigation facility. The project involved the installation of numerous culverts and this work was on the schedule's critical path.

The contract called for compacting the backfill placed around the culverts with native materials BOR deemed suitable. If the material was "cohesive," density would be measured by the Proctor test where actual compac [...]

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