Vanguard Constr., Inc. v. United States, 2015 U.S. Claims LEXIS 1158 (Fed. Cl. Sep. 8, 2015)
The United States Air Force (the “Government”) entered into a contract with Vanguard Construction, Inc. (“Contractor”) to replace a roof (the “Contract”). The Contract incorporated by reference portions of the Federal Acquisition Regulation (FAR).
Contractor’s demolition of the existing roof revealed that a significant section of the roof stem wall was missing. The Contract did not address the contingency of a missing stem wall. Contractor sent the Government several letters asking for guidance on how to proceed, including a request for information on structural requirements for building a stem wall. The Government refused to provide the requested information, asserting that the terms of the contract allocated to the Contractor the risk of dealing with latent or unanticipated site conditions and the burden of devising a solution to the problem. Continue reading “Court of Federal Claims Holds Contractor’s Duty to Continue Performance Under Disputes Clause May Be Excused Where Government Fails to Provide Information Necessary to Continue Performance”