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Assumption of Risk (Performance Specifications)


alexreb

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How do you determine which party assumes the risk of impossibility in the case of defective performance specification (performance determined to be impracticabile or impossibile)?

The way I understand it, under a defective performance specification, a contractor can only recover if the government assumes risk for impossibility of performance.

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Guest Vern Edwards

Your question cannot be answered in a few words. Go find a copy of Administration of Government Contracts, 4th, by Cibinic, Nash, and Nagle and read the coverage of impracticability of performance and defective specifications.

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