Supra 1

If contract includes a concurrent delay provision (only allowing a time extension, but no money for concurrent delay), and the Govt. is found to have provided defective specifications that cause delay (and at some point after initial breach by Govt for defective specification, contractor causes some delay dealing with the defective specification), does the Spearin Doctrine trump the concurrent delay clause? Thoughts? TIA

Here is my situation: On a firm fixed contract (construction project), after negotiations of what both parties (contractor and contracting officer) recognize is a change (differing site condition in this case),the parties cannot agree on price or time. The contracting officer acknowledges during negotiations that the change did indeed extend the period of performance (i.e., impact to the critical path), he/she issues a unilateral mod for what he/she believes is a fair price of the changed work. Question: is he/she obligated to issue additional time to the period of performance based on what he/she believes is a fair amount of days as well? Thanks in advance.