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Contractor Fails To Raise Govt-caused Delay Damages To The Level Of 'equipment Costs'

Sunday, May 04, 2008 02:48 pm

Contractor Fails To Raise Govt-caused Delay Damages To The Level Of 'equipment Costs'

A contractor was unsuccessful in convincing a Board of Contract Appeals that it could charge the government an "equipment" price -- which, including additional standby cost items, totaled more than $1 million -- for what truly constituted weather-damaged materials.

C.R. Pittman Construction Company, Inc. (Pittman) entered into a $14-million fixed-price contract with the United States Army Corps of Engineers (Corps) for a drainage canal improvement project in Southeast Louisiana. When prolonged heavy rains damaged the worksite, the government delayed the project by instructing Pittman to open and flood the canal before clearing it and continuing work. As a result of the delay, 100 timber mats Pittman had been using as part of a temporary retaining structure deteriorated and had to be replaced (the Corps demanded their replacement for safety reasons after a site inspection revealed the mats' state of disrepair).

The "Damages to Work and Changes" contract clauses entitled Pittman to recover timber mat costs associ [...]

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