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...
A CLAIM FOR CONSTRUCTIVE SUSPENSION DOES EXIST
A claim for constructive suspension does exist:
“Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the overnment is found to be responsible for the work stoppage.” “A constructive suspension will be found on...
ADMISSIONS IN ANSWERS TO CONSTRUCTION LAWSUITS MATTER
Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both issues apply to construction...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com