The Legal Column: Fighting Back Against Overly Strict Inspectors

One of the most difficult problems a contractor can encounter on a project is responding to the demands of an unreasonable inspector. Inspectors are charged with ensuring that the contractor performs in strict compliance with the plans and specifications, but this does not mean the inspector has unlimited authority to require the contractor to meet standards not contemplated by the contract. If this situation occurs, however, the contractor can claim that its contract has been changed and, as a result, that it is entitled to recover any costs incurred in attempting to meet the inspector’s demands. A case that came before the Armed Services Board of Contract Appeals, J.J. Barnes Construction Company, Inc., ASBCA No. 27876, 85-3 BCA paragraph 18,503 (1985),