November 24, 2003

Improper Inspection Paves the Way for Recovery on Bike Path

Unanticipated mobilization costs allowed as a result of changes and differeing site conditions.

On a Federal Highway Administration bike path project, the Court of Federal Claims awarded a contractor extra costs resulting from improper inspection, which breached the government’s implied duty to cooperate. Although the contractor was awarded only 25% of its total claim, the court recognized the concept of "unanticipated mobilization" costs as well as declaring that the government project engineer, by conduct, had actual authority to bind the government.

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