ASBCA Refuses Army Corps Clawback In Construction Deal

Law360, Nashville (January 2, 2018, 6:35 PM EST) -- The Armed Services Board of Contract Appeals has denied the U.S. Army Corps of Engineers’ bid for a credit from a construction contractor that used a cheaper construction process than contractually specified, saying the Corps had tacitly agreed to the change without asking for anything in return.

The Corps had effectively waived a requirement for American West Construction LLC to comply with a clause in the disputed construction delivery order directing the use of temporary bridges to access a construction site, meaning the Corps was not...
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