CEMS, Inc. v. United States, 59 Fed. Cl. 168 (Fed. Cl. 2003) was a government contracting suit before the United States Court of Federal Claims. It deals with the requirements for a contractor to receive an equitable adjustment for work outside the contract.
Background.
Contract dispute.
Plaintiff contractor filed suit against defendant United States arising out of a contract for the construction of a bicycle path. The contractor alleged changes, delays and other compensable acts or omissions of the Department of Transportation, Federal Highway Administration (FHWA), and requested an equitable adjustment under the terms of the contract, and such further relief as appropriate. Specifically, the contractor alleged:
Court of Federal Claims.
The court found:
The court also found that the contractor was entitled to an equitable adjustment for the additional 146 tests for asphaltic concrete.
The United States Court of Appeals for the Federal Circuit has found that "to receive an equitable adjustment from the Government, a contractor must show three necessary elements -- liability, causation, and resultant injury."
CEMS, Inc. v. United States, 59 Fed. Cl. 168, 226 (Fed. Cl. 2003) (emphasis added) (citations omitted).
References.
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