The various courts and boards have established that a release contained in a bilateral modification
confirming a contractor's request for equitable adjustment will not bar the assertion of other claims under the contract, if the contractor establishes that
There She Blows: Government Over-Testing of Pipeline Irrelevant in the Face of Bilateral Modification
(6) Shortly thereafter, Blake held discussions with the government, and the parties agreed to a bilateral modification that increased the contract performance price by $716,792 and required Blake to conduct hydrostatic testing of the pipeline at 225 pounds per square inch (psi).
It could find no ATI conduct or other evidence that ATI agreed to May 31; moreover, ATI refused to sign the bilateral modification
. On May 24, the board informed Micom that the new test schedule required a July due date.
Some clauses provided for award terms to be added to the contract by unilateral modification and some provided for it to be done by bilateral modification
. Addition by bilateral modification
raises the possibility of contractor refusal or some other complication.
Then, in eight of them, "seriously defective" plans and specifications were addressed; and in six bilateral modifications
, PNL urged that it had received "insufficient compensation."
#2, #3, #4, #5, and #6 required additional work.
(1) As a result of differing site conditions, drawing defects, and continued government occupancy of the work area during Phase I, the parties negotiated various price adjustments and contract extensions through numerous bilateral modifications
. CGW reserved its right, however, to seek impact damages later and to include delay costs under the Eichleay formula.