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The contractor claimed the government had mandated the installation of an X-ray machine that was not required by the contract. The CBCA granted the appeal. The contract required an X-ray machine in certain locations but not where the government had directed the contractor to install it.
Framaco International Inc. v. Department of State, CBCA 7549
- Claim – The agency hired the contractor to build an embassy in Papua New Guinea. The contractor submitted a claim for the cost of installing an X-ray machine that wasn’t required by the contract. The agency denied the claim. The contractor appealed to CBCA.
- X-Ray Machine Wasn’t Required – The board sided with the contractor. The contract required the contractor to provide X-ray machines for public access control areas. But the agency had asked the contractor to provide an X-ray machine for a service access area. The contract did not state the contractor was responsible for installing an X-ray machine in the services area. Additionally, the drawings for the service area did not include an X-ray. Indeed, at one point the COR had told the contractor that the government would provide the X-ray machine for the service area.
The contractor is represented by Douglas L. Patin, Erik M. Coon, and Jennifer M. Ersin of Bradley Arant Boult Cummings LLP along with Sam Z. Gdanski and Abraham S. Gdanski of Gdanski Law PC. The government is represented by Matthew S. Tilghman, Thomas D. Dinackus, and Alexandra N. Wilson of the Department of State.
–-Case summary by Craig LaChance, Editor in Chief
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