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SPLICED RAILS CANNOT BE SUBSTITUTED FOR UNSPLICED RAILS

publication date: Feb 29, 2004
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In this case, the Armed Services Board of Contract Appeals (“ASBCA”) combined two appeals (arising from the same contract) and issued a single decision denying both appeals. In the first case, “the Splicing Issue,” Valenzuela Engineering, Inc. (“Valenzuela”) appealed from the contracting officer’s deemed denial of a claim for an equitable adjustment of over $70,000 and 52 days. In the second case, “Liquidated Damages,” Valenzuela appealed from the contracting officer’s demand for $184,000.00 in liquidated damages.


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