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Decisions Of The Boards Of Contract Appeal: 'it's Common Trade Practice'defense Doesn't Justify Nonc

Friday, March 19, 2010 02:08 am

 

Drawings and Specifications

Appeal of: Clark Construction Company

, 2009 ASBCA

No. 53914 (Jan. 5, 2010)

Subs and suppliers can't hide behind industry standards as an excuse for failing to satisfy contract requirements unless they can prove the contractor relied on those standards to get the job.

Steel Services Corporation (SSC) was a subcontractor on an U.S. Army Corps of Engineers construction project that called for light gauge steel roof trusses. Truss Components, Inc. (TCI) was SSC's supplier of those trusses. During the project, the Corps rejected several of TCI's truss design submittals. SSC and TCI, via a passthrough claim filed by general contractor Clark Construction Company (Clark), sought increased costs associated with the submittal challenges in the amount of $480,000. The Corps bore the burden of proving that it properly rejected the submittals by il [...]

 
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