Court of Federal Claims Holds Contract Term Prescribing Adjustment for Variances Does Not Bar Claim for Breach of Contract Based on Negligent Estimates

Ravens Group, Inc. v. United States
2013 U.S. Claims LEXIS 979 (Fed. Cl. 2013)

This action arose out of a contractor’s claim for additional compensation for unanticipated work. The U.S. Army (the “Government”) solicited private contractors to provide the maintenance and repair services for General and Flag Officers Quarters (“GFOQ”) at Fort Myers, Virginia and Fort McNair, Washington D.C. GFOQ is military housing specifically designated for senior officers of the military and their families. Traditionally, the Government used “in-house” personnel to respond to the majority of the maintenance and repair service calls at GFOQ housing. The solicitation from private contractors marked a new initiative in which the service calls at these two bases would be handled exclusively by a private contractor.

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Federal Claims Court Approves Contractor’s Use of Blue Book Rates to Calculate of Standby Equipment Costs in Constructive Change Claims Against the Navy

Construction Co, Inc. v. United States
2008 U.S. Claims LEXIS 137 (May 21, 2008)

The United States Court of Federal Claims discussed the measurement of equitable adjustment for standby equipment costs in a case involving the United States Department of the Navy.

Metric Construction Co. entered into two contracts with the Navy to perform construction work on the small island of San Nicolas off the coast of California. Under the first contract, Metric agreed to make improvements and repairs to the Navy’s airfield runway on the island. The second contract called for repairs to certain of the islands roadways and storm drainage systems. Certain conditions on the island created logistical challenges for Metric in performing the work. These included limited landing areas for barges carrying equipment, bad weather, and the existence of a salt water spray over the site. Continue reading “Federal Claims Court Approves Contractor’s Use of Blue Book Rates to Calculate of Standby Equipment Costs in Constructive Change Claims Against the Navy”

Federal Claims Court Finds Contractor Entitled to Equitable Adjustment Based on Corps’ Defective Specifications and Misrepresentation

Metric Construction Co., Inc. v. United States
2008 U.S.Claims LEXIS 5 (Fed. Cl., Jan. 7, 2008)

Metric Construction was awarded the contract to construct a warehouse for the United States Army Corps of Engineers at an Air Force base in Utah. After the roof developed serious leaks, the Corps required Metric to replace the roof. Metric then submitted a request for equitable adjustment in the amount of $2,173,091.85 for costs incurred in repairing water damage caused by the leaks, replacing damaged property in the warehouse, and installing a new roof, under the theory that the Corps’ design specifications for the structural steel underlying the roof were defective, and that defective specifications and the Corps’ communications with Metric regarding the roof installation were misrepresentations on which Metric relied to its detriment. Continue reading “Federal Claims Court Finds Contractor Entitled to Equitable Adjustment Based on Corps’ Defective Specifications and Misrepresentation”