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Decisions Of The Boards Of Contract Appeals

Wednesday, March 04, 2009 05:12 pm

Decisions Of The Boards Of Contract Appeals If YOU IGNORE THE STATUTE OF LIMITATIONS THE GOVERNMENT WILL IGNORE YOUR CLAIM Statute of Limitations Appeal of: Robinson Quality Constructors; Under Contract No. DAHA2397C0005 Armed Services Board of Contract Appeals 2009 ASBCA No.55784(January 6, 2009)

A contractor that failed to submit its claim within the sixyear statute of limitations forfeited the chance to prove nearly $500,000 in costs.

The Missouri Air National Guard (the government) awarded a contract to Robinson Quality Constructors (Robinson)in September 1997 for the renovation of Jefferson Barracks, a historic site first purchased by the War Department in 1826.Due to the facility's age, records were unavailable for many of the buildings and there was a high probability of encountering differing site conditions such as asbestos, unexploded ordnance or lead paint.

March 16, 1998 was established as the contract completion date.During the contract, 39 modifications were issued. Except for Modification No.39, which was cancelled by letter dated July 2, 1999, all modifications were issued prior to June 1, 1999.The modifications extended the contract performance period by a total of 452 calendar days.

Until September 1998, all the modifications were executed bilaterally.Generally, the parties would negotiate and agree upon the direct costs and time to perfor [...]

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