ABSTRACT

Chapter 5 shows how lower federal court decisions concerning government contracts have generated a distinctive body of construction contract law that has frequently influenced corresponding developments under state law. The chapter analyzes several principles developed to address special features of federal construction contracting practices, such as differing site conditions, constructive changes in contract obligations, and subcontractor rights, as well as evolving judicial reactions to standard terms of construction contracts that trace their origins to the Federal Acquisition Regulation. The discussion also focuses on aspects of federal construction contract law that have been absorbed into U.S. contract law more broadly.