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Design Versus Performance Not Determinative Plans And Specifications; Workmanship

Thursday, May 04, 2006 10:51 am

Design Versus Performance Not Determinative Plans And Specifications; Workmanship

The Armed Services Board of Contract Appeals has ruled that the distinction between design and performance specifications did not determine the outcome of a claim. A contractor could not avoid responsibility for the poor performance of a refrigeration system simply by saying it was the government's design.

Craft Cooling, Inc. was the contractor for replacement of the refrigeration equipment in a cold storage facility at Fort Stewart, Georgia. The purpose was to replace an existing Freon-12 system with a system using the new Freon-22 refrigerant. The contract included numerous performance req [...]

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