Grunley Construction Co., Inc. (Appellant) v. Architect of the Capitol, (Respondent)

2009-1: Jun 16, 2010

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Contract Appeals Board
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Grunley Construction Co., Inc., appeals the final decision of the contracting officer of the Architect of the Capitol (AOC), denying its claim of $1,095,128 for costs incurred as a result of work restrictions imposed by the government during performance of a construction contract to modernize portions of the Supreme Court of the United States. Pending before the Board are the parties' cross-motions for summary judgment.

Grunley is entitled to recover the night shift differential that was necessarily incurred and was not for work otherwise required to be performed at night, from October 2005 through December 31, 2006, so long as the conditions of the suspension of work clause are satisfied. Grunley's claim for idle labor and inefficiencies is barred by the no damages for delay cause. Grunley's motion for summary judgment is granted in part and denied in part. The AOC's motion for summary judgment is similarly granted in part and denied in part.

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