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Include All Costs In Bids -- Even Those Govt. Calls Unnecessary

Monday, January 03, 2011 03:07 am

 

Scope of Work -- Equitable Adjustment

Edge Construction Company, Inc. v. United States, 2010 U.S. Claims Lexis 848 (Oct. 29, 2010)

The government argued successfully that two construction project tasks were within the scope of the contract because they had been included in the project solicitation and/or specs. The government was less successful in arguing against the contractor's breach of contract claim for project acceleration for unseasonable weather.

Edge Construction Company (Edge) sought more than $450,000 in recovery from the Department of Veteran Affairs (VA) for denying the contractor's equitable adjustment claims on an $8.7-million cemetery construction project in Michigan. Edge claimed the VA breached its contract by refusing to issue change orders and pay for additional work involved in several project tasks, including (1) providing two additional catch basins and a ten-inch storm pipe and (2) managing borrow p [...]

 
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