Federal Circuit Upholds Denial of Site Condition Claim
A contractor relied on soil test boring logs from other areas of the work site when it was not reasonable to do so. The contractor could not draw conclusions about site conditions from a contract provision that had been deleted prior to bid submittal.
Sponsored Subcontractor Pass-Through Claim Addressed
While a subcontractor claim against the government was initially submitted in the sub’s own name, there was adequate evidence the government was aware at all times this was a pass-through claim sponsored by the prime contractor. The certification was a curable defect.
Contractor’s Proposed Schedule Revision Was Repudiation of Contract
The US Court of Appeals for the Federal Circuit ruled that a tardy contractor repudiated its contractual obligation when it responded to a government "cure notice" with a proposed completion date later than the contractual deadline. The government was entitled to terminate the contract for default.
Change Order Procedure Waived Despite “No Waiver” Language
A default termination was justified when a tardy contractor responded to a government cure notice with a request for an extension of the contract completion deadline. This was a repudiation of the contractor’s contractual obligations. There had been no excusable delay.
Sub-Bid Subcontract Could Include Out-of-Trade Work
A Massachusetts appellate court has said that filed sub-bids for trade work on public projects must be based on sections of the contract specifications. Those specifications may reference drawings that require additional out-of-trade work.
Contract Accidentally Signed “Individually”
A company head unwittingly put himself in personal financial jeopardy by signing a signature block that referred to him “individually.” The rest of the agreement consistently referred to the contracting party as an LLC.