Government Not Liable for Costs Incurred Due to Contract Delay Caused by Third Party; ASBCA No. 59917, Appeal of Contrack International Inc.

Motion for summary judgment is denied where, absent contract language to the contrary, the government cannot be held liable for costs incurred due to contract delays caused by a third party for the purpose of summary judgment, and where disputes of material fact about liability will properly be considered during a hearing on the merits.