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Claim Certification Problems Prevent Contractor From Recovering For Extrawork

Thursday, January 04, 2007 11:21 am

 
Claim Certification Problems Prevent Contractor From Recovering For Extrawork

The Court of Federal Claims ruled that a contractor that commingled its expenses with those of its subcontractor could not recover for extra work, in part because the contractor did not certify the sub's claims.

The Department of Labor (DOL) decided to build a job corps center on the top of a mountain in Charleston, West Virginia. The agency awarded the construction contract to Trafalgar House Construction (THC). Trafalgar subcontracted with Kimberly Industries, Inc. for site improvement, excavation, backfill and utilities.

Almost immediately Kimberly encountered bedrock at lower elevations than depicted in the contract drawings, along with uncontrolled fill. The company also discovered that the amount of special rock fill on site was not sufficient to complete the work. These problems caused a disruption in the sequence of construction.

THC filed [...]

 
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