ASBCA Holds the Government to Account for Changes to the Design Process that Delayed Construction

Obermayer – In an important case for architects and design-builders, the Armed Services Board of Contract Appeals (ASBCA) held that the United States Army Corps of Engineers (USACE) is liable for delays arising from design-reviewer comments that change the design process specified in the contract.  Many architects and design-builders have seen it happen: they submit a design submittal in accordance with the requirements of the contract, only to have a Government design-reviewer cause a delay by demanding details that either are not required, or are contractually required later in the design process.  In the Appeals of RBC Construction Corp., the ASBCA confirmed that the Government can be held liable for such delays when the contractor can show that the design-reviewer’s comments were contrary to the contract requirements.