The task of proving the effect unforeseen events such as differing site conditions have upon a contractor's costs is usually easier said than done. A contractor's use of its estimated cost as a basis for doing so-the Total Cost Method-is the least favored and has been the subject of several previous columns. But what happens when the government seeks to compare the contractor's actual and estimated costs as a means of defending against the contractor's claim? This approach was attempted by the Federal Highway Administration (FHWA) in a case reported in 2016.
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