All,
I've been doing some searching and coming up empty handed. I'm looking for cases/examples of a COR directing the contractor to make a change, the contractor proceeds to make the change (and the government benefits), all the while knowing the COR (or should have known) had no authority to direct the change and the courts find in favor of the government.
I've heard contracting officers say they wouldn't play a claim under the above circumstances because the contractor knew the COR wasn't authorized to modify the contract. However, I was reading MA DeAntley Construction V. US No. 04-1052C and there it held for the contractor that the project engineer (who I'm assuming had no contractual authority) constructively changed the contract by ordering rock to be moved.
Although we have clauses(DFARS 252.201-7000 for instance) that tell the contractor who does or doesn't have the authority to direct changes, can someone show me a case where the courts held in favor of the government on a scenerio as described?
This seems like COR 101 to me, but I'm having trouble getting this straight in my head.