SDVOSBLAW: Government Contract Law Firm - SDVOSB Law, Claims, Disputes, Protests

Under the Suspension of Work Clause and Government Delay in Work Clause, a contractor is entitled to relief (monetary and schedule) if the period of delays is considered unreasonable.

What is unreasonable is highly dependent of the facts of each case. The following three (3) part test has been used to determine if a delay is unreasonable:

Posted in Government Delay and Suspension of Work

Government delays preceding issuance of a modification are generally excusable.

Contractor justified in not proceeding with changed work until Government issues mod to contract. George A. Fuller Co., ASBCA 8524, 1962 BCA

Posted in Government Delay and Suspension of Work, Refresher on Delays

When the Government is required to render approvals during contract performance, any unreasonable delays in doing so will result in a compensable suspension of work. M.S.I. Corporation, VACAB 503, 65-2 BCA

Posted in Government Delay and Suspension of Work, Refresher on Delays

Overarching Government Duties: Implied Duty Not to Hinder Contract Performance

There is in every contract an implied duty on the part of both parties to cooperate and not to interfere negligently or willfully with the performance of the other party. C. Sanchez & Son, Inc. v. United States, 6 F.3d 1539, 1542 (Fed. Cir.1993)

Examples of Government breach of duty not to hinder performance:

Posted in Government Delay and Suspension of Work