Recent CBCA Decision Highlights Hurdles Faced by Construction Contractors Seeking Compensation for COVID-19 Impacts

Smith Pachter McWhorter – A recent and curiously-timed decision from the Civilian Board of Contract Appeals ("CBCA") demonstrates the significant challenges a contractor faces when trying to recover increased costs incurred as a result of an epidemic.  This article summarizes the decision and outlines the ways a contractor may distinguish this decision from the current COVID-19 epidemic as part of its efforts to seek compensation for the project impacts of the virus.