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Govt. Interfered With Performance, Will Pay For Clean-up

Tuesday, July 05, 2011 07:43 am


Contract Change Performance

In-Finn-Ity Geotech Service v. Department of the Interior, 2011 CIVBCA Lexis 96 (Mar. 31, 2011)

Where a contractor has discretion to choose its performance method, the contractor is entitled to an equitable adjustment if the government rejects a reasonable method.

In-Finn-Ity Geotech Service (IGS) was a contractor on a Pittson, Pennsylvania project for the Department of the Interior, Office of Surface Mining Reclamation and Enforcement (OSM). Under the contract, IGS was to drill and grout-fill voids created by mine subsidence. IGS was also required to monitor the elevations of the grout fill during placement to be sure the grout didn't interfere with the city sewer line. When fourteen yards of grout was discovered in the sewer line near a borehole that IGS had drilled, the contractor claimed it wasn't responsible for clean-up costs since the government had ordered that particular borehole (11M) [...]

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