War Risk Clause Does Not Cover Every Risk of Harm or Delay; CBCA 3506, First Kuwaiti Trading and Contracting W.L.L. v Department of State

The government’s motion for summary judgment on a variety of claims related to a construction contract in Iraq is granted in part, where the appellant failed to show the agency had superior knowledge of the performance environment that it withheld from the contractor to the detriment of its bid price and performance expectations, and where the War Risks clause could not be read so broadly as to shift the liability for performance entirely away from the contractor.