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24 Aug 2011, 5:00 pm by John Ahlers and Paige Spratt
Several restrictions have been imposed on the Contractor's ability to recover for extended overhead using the Eichleay formula - to the point that the risk of a disastrous award against the Contractor outweighs the rights the Contractor might have waived, e.g., delay damages such as extended overhead costs.The addition of the mutual waiver provision in the AIA Documents was in large part prompted by the case of Perini Corp. v. [read post]