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Contractor's Early Completion Claim Denied Schedule; Interference

Thursday, June 09, 2005 03:00 pm


The Armed Services Board of Contract Appeals has ruled that a prime contractor could not recover on behalf of a subcontractor for government interference with scheduled early completion. The contractor did not base its own work on that schedule and the schedule was not feasible.

The Army Corps of Engineers awarded a contract to Fru-Con Construction Corp. for rehabilitation of a dam on the Ohio River near Gallipolis, West Virginia. The contract allowed five years for completion of the work. Fru-Con submitted a proposed project schedule which utilized the full five years, installing eight new roller gates on a "1-2-2-2-1"annual basis. The government approved this schedule.

Fru-Con subcontracted the fabrication and installation of the new roller gates to Noell, Inc. A Noell employee prepared a suggested installation sequence which reflected a three-year "2-3-3"schedule. This proposed schedule was submitted to Fru-Con. The prime contractor approved it c [...]

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