Covid-19 May Cause Disruption as Well as Delay
Some government contractors are not being told to stop work, but rather to work remotely to keep their projects going. Remote work may not actually delay project completion, but it can make the work less efficient and have a significant impact on the cost of performance. Such impacts are commonly referred to as disruption or inefficiency. The good news is that the Courts and Boards of Contract Appeals recognize disruption as a valid basis for an equitable adjustment to the contract that is distinct from a delay or suspension claim. The key to succeeding on this type of claim is understanding the differences between delay and disruption.
