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Modification That Terms Recovery As Partial? Preserves Contractor?s Right To Future C

Wednesday, August 11, 2010 02:11 am


Change Orders

Appeal of: Whiting-Turner Contracting Company, 2010 ASBCA Lexis 34 (May 6, 2010)

A government contractor sought more than $8 million in extra costs and interest resulting from numerous contract changes. But the majority of its claims could not get around a hard and fast accord and satisfaction clause.

Whiting-Turner Contracting Company (Whiting-Turner) was the contractor on a project funded by the Army Morale, Welfare and Recreation Fund (the Fund) to build an expansion of a hotel at the Walt Disney World Resort in Florida. Whiting-Turner submitted claims for equitable adjustment related to several contract modifications issued during the project. The Fund denied the claims based on its contention that the disputed modifications constituted Whiting-Turner?s accord and satisfaction regarding the work and compensation for that work. The appellate court agreed with that reasoning in all but a few in [...]

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