TYPE I AND TYPE II DIFFERING SITE CONDITIONS CLAIMS
In government contracting, there is a Federal Acquisition Regulation (FAR) on differing site conditions. See F.A.R. 52-236-2. This regulation, and the standard, would apply outside of government contracting when you hear about differing site conditions claims.
I. TYPE I DIFFERING SITE CONDITIONS
QUICK NOTE: BURDEN OF PROVING AND DEFENDING ALL RISK PROPERTY INSURANCE CLAIMS
To make a claim under an all-risk policy, the insured must...
CARDINAL CHANGE EXAMINES THE ENTIRE, FACTUAL UNDERTAKING
A recent matter with the Civilian Board of Contract Appeals discusses a cardinal change theory of liability.
A cardinal change “occurs when the government effects an alteration in the work so drastic that it effectively requires the contractor to perform duties...
IMPOSSIBILITY OF PERFORMANCE AS EXCUSE TO FAILURE TO ACHIEVE PERFORMANCE SPECIFICATION
“There are generally two types of specifications: design specifications, which tell the contractor in detail how the work is to be performed; and performance specifications, which tell the contractor the end result that is expected and leave it to the contractor to determine the best way...
QUICK NOTE: EICHLEAY DAMAGES (UNABSORBED HOME OFFICE OVERHEAD)
In the previous posting, I discuss the Civilian Board of Contract Appeals’ case of Quality Trust, Inc. That case deals with a claim known as constructive suspension. However, the case also discusses unabsorbed home office overhead damages known as Eichleay damages, which are hard damages...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com