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Site Access Problems Were Contractor's Responsibility Delay-nonexcusable; Site Access

Thursday, May 04, 2006 10:51 am

Site Access Problems Were Contractor's Responsibility Delay-nonexcusable; Site Access

The Armed Services Board of Contract Appeals has ruled that delayed site access via secondary means was nonexcusable. A contractor's claim for constructive acceleration and remission of liquidated damages was denied.

The Corps of Engineers awarded a contract to Curry Contracting Co., Inc. for modifications to the Naheola Bridge over the Tombigbee River in Choctaw County, Alabama. The contract documents contemplated accomplishment of the work primarily by river access, but a railroad right-of-way along one bank of the river provided limited access to light vehicles. Any additional access via the ROW, however, would necessitate a temporary road through wetlands. That would require additional permits which had not yet been obtained and were [...]

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