The Construction Contract Review

Business & Technology | URS Corp 4th-qtr profit falls 25 percent | Seattle Times Newspaper

URS Corp 4th-qtr profit falls 25 percent

URS Corp., an engineering and construction services company, said Tuesday that its profit fell 25 percent in the fourth quarter as revenue fell by the double-digits.

The Associated Press

SAN FRANCISCO —

URS Corp., an engineering and construction services company, said Tuesday that its profit fell 25 percent in the fourth quarter as revenue fell by the double-digits.

The company earned $33.8 million, or 41 cents per share, in the three months that ended Jan. 1. That is down from the $45.2 million, or 54 cents per share, that it earned a year earlier.

Adjusted profit of 65 cents per share, which excludes a write-down for the discontinuation of a trade name, beat a 55 cent per share prediction of analysts polled by Thomson Reuters.

Revenue fell 22 percent in the quarter to $2.11 billion from $2.71 billion, short of the $2.35 billion analysts had expected. All three of the company' segments - infrastructure and environment, federal services, and energy and construction - posted lower revenue.

URS's 2010 profit forecast was for earnings in a range of $3.35 to $3.45 per share, higher than the $3.25 forecast from analysts.

For the entire year, URS's profit rose 22 percent to $269.1 million, or $3.29 per share, from $219.8 million, or $2.59 per share, the year before. Yearly revenue fell 8 percent to $9.25 billion from $10.09 billion.

The companys backlog at Jan. 1 rose slightly to $17.3 billion from a year earlier.

URS shares rose 74 cents to $48.40 in after-hours trading Tuesday after closing the regular session up 87 cents at $47.66.

via seattletimes.nwsource.com

U.S. Office, Shopping Center Construction Spending May Fall 13% - Bloomberg.com

U.S. Office, Shopping Center Construction Spending May Fall 13%

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By Daniel Taub

Jan. 6 (Bloomberg) -- Construction spending on hotels, office buildings and retail centers may fall 13 percent this year, the second straight annual decline amid a drop in property prices, the American Institute of Architects said.

The Washington-based group’s forecast is more severe than an estimate it made in July, when it predicted a 12 percent decrease. Spending will turn “marginally” higher in 2011, the group said today.

“The magnitude of the downturn has set in,” Kermit Baker, the group’s chief economist, said in an interview. This year’s expected drop compares with a decline of about 20 percent in 2009. “Another bad year is the bottom line, but there are some prospects of recovery as we get into 2011.”

U.S. commercial real estate values sank to the lowest level in seven years in October as job losses cut demand for apartments, offices and retail space, Moody’s Investors Service Inc. said last month. Office vacancies may approach 20 percent in 2010, according to Jones Lang LaSalle Inc. and Grubb & Ellis Co. Unemployment was 10 percent in November after a 26-year high of 10.2 percent the prior month, the Labor Department said.

Commercial construction spending will probably have a “marginal increase” of 1.8 percent next year, according to the architects group.

That forecast “still implies a weak first half

via www.bloomberg.com

Caterpillar World Headquarters Awarded LEED-EB(R) Gold from United States Green Building Council – Press Releases on CSRwire.com

Caterpillar World Headquarters Awarded LEED-EB(R) Gold from United States Green Building Council

Submitted by:Caterpillar Inc.

Categories:Clean Technology, Sustainability

Posted: Feb 05, 2010 – 09:14 AM EST

 

PEORIA, Ill., Feb. 05 /CSRwire/ - The Caterpillar Administration Building, which serves as the company's world headquarters, has been awarded LEED-EB® O+M (Leadership in Energy and Environmental Design for Existing Buildings: Operations and Maintenance) Gold certification from the United States Green Building Council (USGBC). Achieving the certification makes the Caterpillar facility, located in downtown Peoria, the first building in Illinois outside of the Chicago metropolitan area to become LEED-EB certified and the second building in the Caterpillar family to earn the recognition. The Cat Financial Center in Nashville, Tennessee, received LEED-EB certification in April of 2009. LEED is a third-party certification program and a recognized benchmark for the design, construction and operation of high-performance green buildings. LEED-Gold certification is the second highest rating obtainable in the system.

LEED promotes a whole-building approach to sustainability by recognizing performance in five key areas: sustainable sites, water savings, energy and atmosphere, materials and resources and indoor environmental quality.

"Every day members of Team Caterpillar look for opportunities to apply their expertise, technology and common sense to address environmental issues," said Greg Folley, vice president of Caterpillar's Human Services Division. "Successfully identifying and managing our environmental footprint reduces environmental impacts where we all live and work, makes good business sense and is simply the right thing to do for our community, employees, customers and shareholders."

Specific highlights include:

• Decreased energy consumption by 40 percent through improved control systems, operating methods, and lighting automation.


• Implemented a new irrigation system for all landscaped areas resulting in a 50-percent water use reduction.


• Implemented a green cleaning program with new environmentally-friendly chemicals and developed an improved pest management program utilizing the least toxic methods.


• Leveraged Caterpillar's purchasing and recycling practices to reduce the environmental impact of materials used and conducted waste stream audits to drive continuous improvement efforts.

More information on the LEED green building certification system is available at www.usgbc.org/LEED.

About Caterpillar:
For more than 80 years, Caterpillar Inc. has been making progress possible and driving positive and sustainable change on every continent. With 2009 sales and revenues of $32.396 billion, Caterpillar is the world's leading manufacturer of construction and mining equipment, diesel and natural gas engines a

via www.csrwire.com

Green Construction Technology: Concrete Bricks

Pozzotive Plus CMUs and Concrete Brick from Kingston Block

Pozzotive Plus concrete masonry units (CMUs) and concrete facing brick are manufactured using up to 30% post-consumer recycled glass as a portland cement substitute and an average of 50% post-consumer recycled masonry aggregate from local sources in the Northeast. The recycled glass pozzolan (with the tradename Pozzotive), made by Empire Resource Recycling, LLC, is ground to about 15 microns (a finer powder than portland cement) and used in place of the cement, saving about one ton of CO₂ for every ton of cement replaced.

Pozzotive Plus CMUs have been made with up to 90% recycled aggregate, though 50% is typical. Compared to conventional CMUs and brick, Pozzotive Plus products require less energy to produce, are stronger, and have greater moisture and chemical resistance, according to the company. Both products meet and exceed ASTM C-90 for Loadbearing Concrete Masonry Units and C-129 for Nonloadbearing Concrete Masonry Units, and the brick meets and exceeds ASTM C-1634 for concrete facing brick. The company’s brick is manufactured with a standard bed depth of 3-5/8" and is available in three sizes: Modular (2-1/4" x 7-5/8"); Ledge (2-1/4" x 15-5/8"); and Royal (3-3/4" x 15-5/8"). In addition a Partition brick is available for interior applications (5-5/8" x 3-3/4" x 15-5/8"). Architectural CMUs are available in a wide range of shapes and sizes. Both the brick and CMU come in nine standard colors, in either ground-face or suede finish.

What makes this product green?

• Exceptional durability or low maintenance
• Post-consumer recycled content
• Reduce impacts from construction or demolition

LEED Credit relevance:

• MR Credit 4 — Recycled content

Reviewed in EBN: November 2009
View GreenSpec listing

More information:

Kingston Block & Masonry Supply, LLC
270 North Ave., Suite 200
New Rochelle, NY 10801
Phone: 914-633-3393
www.kingstonblock.com

via www.buildinggreen.com

Absolutely Free Home Remodeling – A Tough Way to Make a Living

Offering absolutely free home remodeling to consumers is a tough way to make a living.  But many home remodeling contractors are often at risk for doing expensive home repairs and remodeling without getting paid a dime – legally.

 

Numerous states have strict statutes that, in the name of consumer protection,

offer draconian remedies against what legislatures perceive to be unscrupulous contractors.  Honest, good-faith contractors, however, can get caught in some of these legislative traps if they are not diligent in their paperwork. 

 

The Illinois Home Repair and Remodeling Act (HRRA) is a good example of requirements for consumer contracts. For any home repair or remodeling contract over $1,000, a person engaging in the business of home repair and remodeling is required in Illinois to provide the consumer with a copy of the "Home Repair: Know Your Consumer Rights" pamphlet.  A clear, concise, and complete written contract that spells out the who, what, where, when, and total cost of the project is required.  In addition, the contract is required to give the name and address of the person engaged in the business of home repair or remodeling. If the contractor uses a post office box, mail service, or agent to receive business correspondence, the contract must state the contractor's home address. 

 

 

Related enforcement statutes and court cases interpreting these statutes have had some painful outcomes for contractors.  Failure to abide by the HRRA may preclude a contractor from recovering unpaid contract balances or extra work, force a return of any money received, open up a contractor to further damages, attorney fees or possible sanctions from the Attorney General.  Homeowners in Illinois have received FREE home additions from contractors who failed to follow some of these statutes. 

The attorneys at Mayfield | Broderick can help contractors develop consumer contracts and practical checklists for dealing with residential homeowners.  It would be a lot cheaper to pay us a small flat fee for this preventative consultation than to perform free work for a consumer – can’t make that up in volume.

Photo Credit: http://www.flickr.com/photos/nickdawson/522097877/

What You Need to Know About Independent Contractors

Independent subcontractors are common service providers in the construction and other industries.  It is critical that a business owner correctly determines whether the individuals providing services are employees or independent contractors. Generally, you must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. You do not generally have to withhold or pay any taxes on payments to independent contractors.

 

The Illinois Employee Classification Act, effective in 2008, establishes specific criteria to determine if an individual performing services for a construction contractor is an employee or an independent contractor. While targeted specifically at the construction industry and for the collection of unemployment taxes by the Illinois Department of Employment Security (“IDES”), the criteria identified are likely to be used as a guide by other administrative agencies and for other industries.  However, the substantial penalties and other remedies would apply only to the construction industry in Illinois. 

 

Under the law, an individual performing services for a contractor is presumed to be an employee unless:

 

1. the individual is free from control or direction over the performance of the service for the contractor;
2. the service performed is outside the usual course of services performed by the contractor and
3. the individual is engaged in an independently established trade, occupation, profession or business.

 

The IDES looks to the actual rather than the alleged relationship of the parties, and the designations and terminology used in any agreements or contracts between them are not controlling. 

 

Free from Direction or Control

In determining the relationship between the parties, "control" or "direction" means that an employer has the right to control and direct the worker, not only as to the work to be done, but also as to how it should be done, regardless of whether that control is actually exercised.  Some of the numerous relevant factors considered include the right to change work methods, a set schedule requirement, is the relationship permanent, can the subcontractor hire/fire/pay its own assistants,

 

If these and other factors lead to the conclusion that the individual hired is under the direction and control of the employing entity, than that individual will be considered an employee. 

 

Outside the Usual Course of Services

This factor is satisfied if the service provided by the individual is either outside the usual course of business of the employing entity or performed outside its place of business. A good example would be janitorial service to company that does not provide janitorial services - services which merely render the place of business more pleasant or are not necessary to the employing entity's business are outside the usual course of business.

 

Engaged in an Independently Established Trade, Occupation or Business

For determining independent contractor status, "engaged in an independently established trade, occupation, or business" is interpreted to mean that the individual has a proprietary interest in the business which he or she can sell, give away or operate without hindrance from any other party.  While no one factor will determine if an individual is engaged in an independently established trade, occupation, profession or business, the business reality or "totality of the circumstances" will determine the presence of this condition.  According to the regulations, the following factors are viewed to determine whether the individual is engaged in an independently established trade, occupation, profession or business:  whether the individual offers his services to the general public; has its own tax, unemployment, and other state accounts for the payment of its various taxes; existence of an independent office location; separate licensing, when appropriate; and the right to keep profits or losses from the activity. 

 

BOTTOM LINE

Illinois and many other states have a very narrow definition of what an independent contractor is.  The laws and regulations are slanted towards a finding that almost any worker is an employee and not an independent contractor.  The attorneys at Mayfield | Broderick can help you make these determinations and avoid the substantial penalties for misclassification of an employee as an independent contractor.

Disaster Response — Habitat for Humanity Int'l

Haiti Earthquake

A powerful 7.0-magnitude earthquake struck Haiti on January 12, 2010, destroying thousands of buildings and homes. Over a million people have been affected by this devastating catastrophe. Habitat has worked with Haiti for over 26 years and will continue to serve the people there by helping to rebuild. Please make a tax-deductible donation today to support the survivors of the disaster.

via www.habitat.org

Habitat is addressing shelter solutions for low-income families affected by the 7.0 magnitude earthquake that struck Haiti on January 12, 2010. Habitat’s ability to respond effectively to this disaster will require support from donors, corporate partners and other community organizations. To lend support, please donate today. www.habitat.org

Happy Holidays

The Construction Contract Review is going on a bit of a winter shut down.  End of the year work push, kids' holiday shows, other fun (and some not so fun) social obligations, and quality time in the northwoods of Wisconsin require time for some re-tooling.  I'll be back January 4 and am looking forward to a fantastic 2010.  Stay safe and enjoy your holidays!

Top Questions About Winter Work Conditions

It was about -3 this morning while I was out shoveling the driveway.  Today seemed like a good day for a reminder about the hazards of working outside in the winter from OSHA:

A major winter storm can be lethal. Preparing for cold weather conditions and responding to them effectively can reduce the dangers caused by winter storms. The following frequently asked questions will help workers understand how winter storms may affect their health and safety.

General Information

What are some different types of winter storms?

Blizzards: Winds of 35 mph or more with snow and blowing snow reducing visibility to less than 1 mile for at least 3 hours.

Blowing Snow: Wind-driven snow that reduces visibility. Blowing snow may be falling snow and/or snow on the ground picked up by the wind. 

Snow Squalls: Brief, intense snow showers accompanied by strong, gusty winds. Accumulation may be significant.

Snow Showers: Snow falling at varying intensities for brief periods of time. Some accumulation is possible.

Snow Flurries: Light snow falling for short durations with little or no accumulation.

Ice Storms: May include freezing rain or sleet.

What types of winter storms are more common in the different areas of the United States?

Mid Atlantic and New England States: Heavy snow showers, blizzards, and ice storms.

Southeastern and Gulf Coast States: Ice storms, occasional snow.

Midwest and Plains States: Heavy snow showers, blizzards, and ice storms.

Rocky Mountain States: Heavy snow showers, blizzards.

Alaska: Heavy snow showers, blizzards.

What are public warnings for winter weather and what do they mean?

Winter storm watch: Be alert, a storm is likely.

Winter weather advisory: Winter weather conditions are expected to cause significant inconveniences and may be hazardous, especially to motorists.

Frost/freeze warning: Below freezing temperatures are expected and may cause damage to plants, crops, or fruit trees.

Winter storm warning: Take action, the storm is in or entering the area.

Blizzard warning: Snow and strong winds combined will produce blinding snow, near zero visibility, deep drifts, and life-threatening wind chill--seek refuge immediately.

Worker Safety and Health

What workers are at increased risk of injury during winter storms?

While most workers can stay inside during a winter storm, some workers may be required to go into the storm. These may include utility workers, law enforcement personnel, firefighters, emergency medical personnel, federal, state and local government personnel, military personnel, highway personnel, and sanitation workers.

What kinds of injuries are associated with winter storms?

According to National Weather Service about 70 percent of injuries during winter storms result from vehicle accidents, and about 25 percent of injuries result from being caught out in the storm. 

Some of the hazards associated with working in winter storms include:

• Driving accidents due to slippery roadways
• Carbon monoxide poisoning
• Slips and falls due to slippery walkways
• Hypothermia and frostbite due to the cold weather exposure
• Being struck by falling objects such as icicles, tree limbs, and utility poles
• Electrocution due to downed power lines or downed objects in contact with power lines
• Falls from heights (e.g. falls from roof or skylights while removing snow)
• Roof collapse under weight of snow (or melting snow if drains are clogged)
• Burns from fires caused by energized line contact or equipment failure
• Exhaustion from working extended shifts
• Dehydration
• Back injuries or heart attack while removing snow
• 
  What is wind chill?
  
  Wind chill is an estimation of how cold it feels outside when the effects of temperature and wind speed are combined. Unprotected portions of the body, such as the face or hands, can chill rapidly and should be protected as much as possible from the cold wind. A 10 mile per hour wind combined with a 30°F temperature can have the same chilling effect on the body as a temperature of 21°F in a calm atmosphere. The Weather Service issues this information as the wind chill index. For more information, see OSHA's The Cold Stress Equation. OSHA Publication 3156, (1999). Also available as a 21 KB PDF, 4 pages.
  
  What is frostbite?
  
  Frostbite is a severe reaction to cold exposure that causes freezing in the deep layers of skin and tissue. Frostbite can cause permanent damage. It is recognizable by a loss of feeling and a waxy-white or pale appearance in fingers, toes, nose, or ear lobes. For more information, see OSHA's The Cold Stress Equation. OSHA Publication 3156, (1999). Also available as a 21 KB PDF, 4 pages.
  
  What is hypothermia?
  
  Hypothermia occurs when the body temperature drops to less than 95°F. Symptoms of hypothermia include uncontrollable shivering, slow speech, memory lapses, frequent stumbling, drowsiness, and exhaustion. For more information, see OSHA's The Cold Stress Equation. OSHA Publication 3156, (1999). Also available as a 21 KB PDF, 4 pages.
  
  What can be done to avoid frostbite and hypothermia?
• • Recognize the environmental and workplace conditions that lead to potential cold-induced illnesses and injuries.
  • Learn the signs and symptoms of cold-induced illnesses/injuries and what to do to help those who are affected.
  • Train the workforce about cold-induced illnesses and injuries.
  • Select proper clothing for cold, wet, and windy conditions.
  • Layer clothing to adjust to changing environmental temperatures. Wear a hat and gloves, in addition to underwear that will keep water away from the skin (polypropylene).
  • Take frequent short breaks in warm dry shelters to allow the body to warm up.
  • Perform work during the warmest part of the day.
  • Avoid exhaustion or fatigue because energy is needed to keep muscles warm.
  • Use the buddy system (work in pairs).
  • Drink warm, sweet beverages (sugar water, sports-type drinks). Avoid drinks with caffeine (coffee, tea, or hot chocolate) or alcohol.
  • Eat warm, high-calorie foods like hot pasta dishes.

  Who is at increased risk of frostbite and hypothermia?
  
  Victims of hypothermia are often (1) elderly people with inadequate food, clothing, or heating; (2) babies sleeping in cold bedrooms; (3) people who remain outdoors for long periods - the homeless, hikers, hunters, etc.; and (4) people who drink alcohol or use illicit drugs. Victims may also include people with predisposing health conditions such as cardiovascular disease, diabetes, and hypertension, people that take certain medication (check with your healthcare provider and ask if any medicines you are taking affect you while working in cold environments), and people in poor physical condition or who have a poor diet. For more information, see A Prevention Guide to Promote Your Personal Health and Safety.
  
  How do I treat a person with frostbite or hypothermia?
  
  If frostbite or hypothermia is suspected, begin warming the person slowly and seek immediate medical assistance. Warm the person's trunk first. Use your own body heat to help. Arms and legs should be warmed last because stimulation of the limbs can drive cold blood toward the heart and lead to heart failure. Put person in dry clothing and wrap their entire body in a blanket. Never give a frostbite or hypothermia victim something with caffeine in it (like coffee or tea) or alcohol. Caffeine, a stimulant, can cause the heart to beat faster and hasten the effects the cold has on the body. Alcohol, a depressant, can slow the heart and also hasten the ill effects of cold body temperatures.
  
  How do I walk safely on snow and ice?

  • Walking on snow or ice is especially treacherous and wearing proper footwear is essential. A pair of well insulated boots with good rubber treads is a must for walking during or after a winter storm. Keeping a pair of rubber over-shoes with good treads which fit over your street shoes is a good idea during the winter months.
  • When walking on an icy or snow-covered walkway, take short steps and walk at a slower pace so you can react quickly to a change in traction.
  • When walking on a sidewalk which has not been cleared and you must walk in the street, walk against the traffic and as close to the curb as you can.
  • Be on the lookout for vehicles which may have lost traction and are slipping towards you. Be aware that approaching vehicles may not be able to stop at crosswalks or traffic signals.
  • At night, wear bright clothing or reflective gear, as dark clothing will make it difficult for motorists to see you.
  • During the daytime, wear sunglasses to help you see better and avoid hazards.

  What hazards are associated with repairing downed or damaged power lines?
  
  The work activities involved with repairing downed or damaged lines entail many of the activities involved in installing and removing overhead lines and in general maintenance on overhead lines. The crucial difference is that in emergency conditions, such as winter storms, there are unknown hazards and the potential for changing hazards as work progresses. Under these conditions workers must be extra vigilant and cautious. 
  
  Potential hazards include:

  • Electrocution by contacting downed energized lines, or contacting objects, such as broken tree limbs, in contact with fallen lines.
  • Falls from heights.
  • Being struck or crushed by falling poles, towers or parts thereof, tree limbs, ice accumulation on lines, towers and poles.
  • Being injured in vehicular accidents when responding to an emergency situation.
  • Burns from fires caused by energized line contact or equipment failure.

  What protective measures should be utilized when working on or around downed or damaged power lines?
  
  Stay well clear of any downed or damaged power lines. Establish a safe distance from the lines and report the incident to the responsible authority. Only properly-trained electrical utility workers should handle damaged power lines.
  
  Electrical utility workers should first assess the hazards present in order to minimize the chances of exacerbating the situation. Ideally the lines involved should be de-energized, but this may not be possible in all situations. 
  
  When working on downed or damaged power lines, electrical workers should utilize proper electrical safety work practices and personal protective equipment, as usual. However, as mentioned previously, extra caution should be exercised when working in winter storms, due to the adverse conditions present.
  
  What hazards exist during removal of downed trees during a winter storm, and what safety precautions should be taken?
  
  Clearing downed trees is a critical job during a winter storm. When winter storms occur, downed trees can block public roads and damage power lines. Emergency crews are often sent out to clear downed trees during a winter storm.
  
  Potential hazards include:

  • Electrocution by contacting downed energized lines or contacting broken tree limbs in contact with fallen lines.
  • Falls from trees.
  • Being struck or crushed by falling tree limbs or ice.
  • Being injured by emergency equipment such as chain saws and chippers.

  Proper PPE including gloves, chaps, foot protection, eye protection, fall protection, hearing protection and head protection should be worn by workers using chainsaws and chippers to clear downed trees.
  
  Only appropriate power equipment that is built to be used outdoors and in wet conditions should be used. All saws, chippers, and other tools should be used properly and according to their intended application. It is important that all equipment is well-maintained and functioning correctly in order for use. In addition, all equipment should have proper guarding, working controls, and other safety features as installed by the manufacturer.

via www.osha.gov

Photo Credit: http://www.flickr.com/photos/cabotaj/3303678421/

Got Conflicting Information in Bidding Documents? How to Avoid a Differing Site Condition Dispute.

A contractor was hired to remove DDT from contaminated soil at a Navy facility in California.  One of its subcontractors claimed that the soil encountered onsite had a higher than expected clay content resulting in extra costs incurred. The contractor sued to recover these unexpected costs on behalf of the subcontractor claiming the sub relied on one of two bidding documents relating to soil content in preparing its bid.  There was no specific differing site conditions clause in the contract, so the contractor’s theory was one of misrepresentation of the site conditions by incorrectly representing the amount of clay in the contaminated soil. 

 

In order to prevail on such a site conditions claim, a contractor must establish four elements.

1. The contractor must prove that a reasonable contractor reading the contract documents as a whole would interpret them as making a representation as to the site conditions - that the contract contained some identification of the conditions to be encountered at the site;
2. The contractor must prove that the actual site conditions were not reasonably foreseeable to the contractor, i.e., that the contractor "reasonably relied" on the representations given all information available to the contractor when bidding;
3. The contractor must prove that it in fact relied on the contractual representation; and
4. The contractor must prove that the conditions differed materially from those represented and that the contractor suffered damages as a result. 

The Court rejected the claim because it did not find the contractor proved that the specific contract documents actually represented site conditions, failing to satisfy the first requirement above.  But moreover, the contractor failed to prove the second requirement because the Court determined that the contractor’s reliance on the soil information was not reasonable.  Two bidding documents containing information on soil content were in “direct contradiction,” and the contractor could not claim a reasonable reliance on one but not the other. 

 

With 20/20 Hindsight….

 

This claim was lost at the time the bid was submitted.  Testimony emerged at the trial that the contractor itself questioned some of the data.  The classic “should have been a warning” was used by the Court in describing what conflicting reports represented to a “reasonable contractor.” 

 

Obviously, the contractor made a determination based on the data that turned out to be wrong.  However, given the importance of the soil characteristics to the success of the treatment methodology employed, the contractor could have negotiated better contractual protections in its contract.  The importance of the soil condition and the technical assumptions made should have been incorporated into the construction contract.  At a minimum, the contractor should have identified the contradiction and explained its reliance on one document over the other in its bid.  20/20 hindsight is pretty easy. 

 

The Construction Contract Clock:

Work Order to Court decision: 10 years

 

The case is known as Int'l Tech. Corp. v. Winter, 523 F.3d 1341 (Fed. Cir. 2008)