EDITOR'S NOTES | Issue 4-31
publication date: Aug 6, 2006
Consider the number of clocks you own. If you are like most typical Americans, you’ll find clocks on your wrists, walls, bedsides, computers, ovens, microwaves, cell phones, Blackberries, VCRs, cable boxes, cars, etc. A clock is never far away, and if you’ve got a phone you can always call an operator for the time. Or, www.time.gov will give you the official time within 0.2 seconds. We live in a society controlled by time. And, it’s one of the few questions you’ll ask a complete stranger: “Excuse me, do you have the time?”
That question would have served a government agency well in this week’s first case. The contracting officer (CO) stalled in submitting punch lists to a contractor and the Armed Services Board of Contract Appeals (ASBCA) determined that time ran out for the CO. The agency could not pursue a faulty work claim against the contractor.
Time was also a major factor in our second case. The government repeatedly waived a project completion date and lost its right to terminate the contract for default.
Our final case this week, while not directly time related, shows that meticulous records about legal preparations will make or break a contractor’s case against the government when it tries to claim attorneys’ fees for a negotiation that turned into a legal claim. This week, we also continue Tom Frisby’s series on impact claims. He delves into the ways to prevent claims in this comprehensive article.
This page is available to members only.
To subscribe, click
here
Construction Claims Online Features and Benefits
Whether your role in the construction claims process is as a building owner, designer, contractor, facility manager, attorney or consultant, you will want to keep up with the latest developments in construction law, federal and state policy, construction process and best practices.
Whether you sign up for our free or paid content, Construction Claims Online provides information you need to achieve successful outcomes for project issues and your clients' best interests.
Avoid costly errors by understanding how the boards and courts look at typical disputes situations.
Achieve successful project outcomes.
Defend against unsubstantiated claims.
Reduce or eliminate risks.
