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You are here: Home » Scheduling and Delay

Scheduling and Delay

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Recent Issues

  DEMAND TO STAY ON SCHEDULE WAS NOT AN ACCELERATION OF WORK
The government did not order acceleration when it insisted a contractor adhere to an approved construction schedule. And in the absence of excusable delay, such a directive did not constitute constructive acceleration of the pace of work.
  IDLE EQUIPMENT COSTS ABSORBED OVER ENTIRE PERIOD OF SUSPENSION
Idle equipment costs must be measured over the entire period of suspended work and are absorbed by the replacement work revenue generated during that period. Idled equipment costs are not absorbed on a day-to-day basis.
  GOVERNMENT’S “SOVEREIGN ACT” DEFENSE NOT LIMITED TO MILITARY EXERCISES

The government’s “sovereign act” defense to a contractor claim could be raised whenever a government action was of a general and public nature. It is not limited to the government’s exercise of its military power.
  CONTRACTOR DELAY CAUSED BY GOVERNMENT DESIGN FLAW
A contractor’s failure to achieve timely completion was caused by the government’s defective design. The government’s expert testimony to the contrary was not persuasive, as it was either not objective or was beyond the scope of the witness’ expertise. A default termination was converted to a termination for the convenience of the government.
 
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