SUNSHINE CONSTRUCTION & ENGINEERING, INC., Plaintiff, v. THE UNITED STATES, Defendant., 64 Fed. Cl. 346

Summary

The controlling issue was whether the contractor could sustain its proof that the government caused each of its claims for extra work or delay. Even though the inadequacy of the drawings prepared by the government's outside architect/engineer complicated performance, the contractor ultimately was responsible for the actions or inactions thereafter that gave rise to almost all of its losses. The contractor could not establish liability, other than for two direct cost claims that the government conceded before trial and for 10 days of delay as conceded by the government for field overhead costs. For example, the contractor could not recover $ 4,812, inclusive of direct costs for the work, home office overhead, profit, and bond expense that it sought in connection with footer construction, as any ambiguity regarding relevant drawings was patent because discrepancies present in distinguishing between balanced and unbalanced unloading were so glaring and obvious that the contractor was ...