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Don't Expect Pay For Sovereign Delay

Wednesday, February 04, 2009 05:05 pm

Don't Expect Pay For Sovereign Delay Delay DamagesŽSovereign Acts Doctrine Conner Brothers Construction Co., Inc. v. Pete Geren United States Court of Appeals for the Federal Circuit 2008 U.S.App.LEXIS 26811(December 31, 2008)

When national security is at risk, the government can keep you from yourjob site--and has no duty to compensate you for your idle time.

In April 2000, Conner Brothers Construction Company, Inc.(Conner)contracted with the Army Corps of Engineers to build a headquarters facility at Fort Benning, Georgia(the base).Immediately following the 9/11 terrorist attacks, the government shut down the base to everyone except essential personnel and ordered Conner to stop work and vacate the premises.Two weeks later, the base commander allowed some contractors to return, but continued to restrict access to"mission-essenŽtial personnel"since construction activities might allow information leaks and threaten operational security.The government did not deem Conner's work"missionŽessenŽtial,"and it did not permit the contractor to return to the full construction site until October 15, 2001.

Conner sought delay damages fr [...]

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