Bilateral Modification Releases: A Mid-Project Trap for the Unwary

The Armed Services Board of Contract Appeals (“ASBCA”) recently granted a motion for summary judgment, filed by the U.S. Army Corps of Engineers (“Corps”) in Odyssey International, Inc. in which the Corps argued that the contractor’s execution of a previous bilateral modification containing release language precluded the contractor’s subsequent claim for increased costs......
By: Bradley Arant Boult Cummings LLP

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