Misleading milestones – Beware of government contract clauses regarding late changes

Description

Abstract: Government agencies often attempt to limit contractor claims for cumulative impact damages by inserting interim “substantial completion” milestones into contract terms and associating “liquidated damages” per day for each missed interim milestone. But when an agency attempts to defeat or reduce damages for cumulative effects of late design changes by claiming such liquidated damages, a court may see through the ruse.