Payne Hackenbracht & Sullivan
Denial of Site Access
The Boards of Contract Appeals have held that an inadequate site access (i.e., road too narrow for contractor's equipment) is a constructive change. Southern Paving Corporation, AGBCA No. 74-103, 77-2 BCA p12,813. Further, actions restricting access have been held compensable, where the Government warranted the availability of a particular site access. Carl W. Linder Co., ENGBCA No. 3526, 78-1 BCA p13,114.
Case law is clear that where owner-imposed conditions restrict, but do not preclude, a contractor's access to the project site, thereby requiring the contractor to "hopscotch" and work in a piecemeal fashion, the contractor is entitled to an equitable adjustment for its decreased productivity and increased costs. Flex-Y-Plan Industries. Inc. GSBCA No. 4117, 76-1 BCA 11,713 (1976); Reliance Enterprises, ASBCA No. 20808, 76-1 BCA 11,831 (1976); Robert McMullan & Sons Inc., ASBCA No. 19129, 76-2 BCA l2, 072 (1976).
It has been held that the government is liable for damages where it breaches its obligation to make the site available to the contractor and the contractor is prevented from commencing performance of its work. L.L. Hall Constr. Co. v. United States, 379 F.2d 559 (Ct. C1. 1966); Renel Constr. Co., GSBCA No. 5175, 80-2 BCA t14, 811 (1980).