May 21, 2007

CONTRACTOR USES “MEASURED MILE” APPROACH TO QUANTIFY SITE CONDITION CLAIM

Armed Services Board of Contract Appeals

The ASBCA accepts the measured mile approach as a reasonable method to determine damages for a differing site condition. However, the parties must readjust the actual damages based on the contractor’s learning curve. This case was also presented last week for its issues regarding a differing site conditions claim.

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