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Govt. Will Pay If It Pushed Work Into Adverse Weather

Tuesday, June 05, 2012 03:00 am



Appeal of: DTC Engineers & Constructions, LLC, 2012 ASBCA No. 57614 Lexis 20 (March 9, 2012)

A contractor claimed the government improperly granted too little time--and no monetary compensation--for substantial delays that, though weather related, were ultimately the government's fault.

Numerous rain and mud days slowed progress on a $12.4 million U.S. Army Corps of Engineers (Corps) project for the design and construction of an Armed Forces Reserve Center in Arkadelphia, Arkansas. DTC Engineers & Constructors, LLC (DTC), filed a claim for time extensions, $2.3 million in damages for delays and disruption, and rescission of $300,000 in liquidated damages withheld for 239 days of delay. The contracting officer denied the claim, contending that the Corps, via contract modifications, had already granted extra time, the only compensation allowed under the severe weather provision of the contract. DTC appealed, and the Corps moved for summary judgment on several issues.

Severe weather was perhaps an act of govt.

DTC found the time extensions already granted insufficient. DTC claimed it encountered hardship and substantial time delays [...]

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