Government Contracts Government-Caused Delays Entitled Contractor to Recovery
Tuesday, September 1, 2020

Government-Caused Delays Entitled Contractor to Recovery

By Government Contracts Editorial Staff

Appeals seeking additional costs and delays were sustained in part by the Armed Services Board of Contract Appeals because the contractor established entitlement to recover for government-caused delays. The dispute arose from a contract to design and construct an Army reserve center in Puerto Rico. Appealing a series of contracting officer final decisions, the contractor sought to recover costs and delays related to the government’s review of the contractor’s design submissions, primarily with regard to a fire cistern and the discovery of asbestos coating on an underground fuel line. The contractor established 119 days of delay for the fire cistern, of which 88 days were concurrent with contractor-caused delays, and 116 days of delay for the asbestos. The contractor also alleged delays related to changes in the training building facade and the operation and maintenance building’s layout. However, the contractor waived the building facade claim, and the government’s changes to the operation and maintenance building did not delay the completion of performance.

Reviewed Submissions. Another appeal involved the government’s review of submissions regarding built-up roofing submittals and standing seam roofing requirements. The contractor established 15 days of delay for extended review time, plus 31 days of concurrent delay due to the government’s requests for test results not required by the contract. The contractor also established 39 days of delay with regard to the installation of the standing seam roofing. In sum, the contractor was entitled to 302 days of delay, with 101 days being concurrent and non-compensable and 201 days being compensable. The board also sustained the government’s assessment of liquidated damages for 126 days of delay at a reduced rate. (RBC Construction Corp., ASBCA, ¶96,083)

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