Correct spelling and link to large Construction Court Case. Sounds
like "eckley", might be spelled differently.

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Request for Question Clarification by justaskscott-ga on 28 May 2003 12:36 PDT

In what country -- and part of the country, if you know -- did this
case occur?  When did it occur?  What were the issues in the case? 
Who were some of the parties involved?  The more you can tell us about
the case, the better chance we have of finding what you want.

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Request for Question Clarification by markj-ga on 28 May 2003 13:04 PDT

I have assumed (possibly wrongly) that you were referring to the
Technology and Construction Court in the UK.  On the first pass of
searching at related sites, I have been unable to find relevant
references to "Eckley" or some variant spellings.  Further clues with
regard to the names of the parties to the case would be helpful.

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Clarification of Question by martas-ga on 28 May 2003 13:33 PDT

Case took place in the United States. 
It set some precedents on liabilty when construction projects are delayed.
I do not know the spelling of it.  
I do not know what highest court reviewed the case. 

Thanks for your help!!!

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Request for Question Clarification by markj-ga on 28 May 2003 13:57 PDT

martas --

It seems likely (but not certain) that this was a state court case,
unless federal coontract were involved.  Do you have any idea in what
state the lawwuit might have been brought?

markj-ga

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Clarification of Question by martas-ga on 28 May 2003 14:08 PDT

Possibly Washington State

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Request for Question Clarification by markj-ga on 28 May 2003 14:51 PDT

martas -- 

I have found the name of the case, along with its complete citation. 
I could also point you to many online articles and other information
about the decision's content and history, but I have not been able to
find a link to the text of the decision.  It is a decision of the
Armed Services Board of Contract Appeals that is more that 40 years
old.

It is printed in a Commerce Clearing House service containing all
decisions of that court, shich would be available in most law
libraries.

Would the information I have found be a completely satisfactory answer
to your question, or do you need the actual text of the decision?

markj-ga

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Clarification of Question by martas-ga on 28 May 2003 15:14 PDT

mark. that would be completely satisfactory (name + links)

martas --  

The name of the case and its complete citation is:
Eichleay Corp., 60-2 B.C.A. (CCH) para.2688, aff ’d on
reconsideration, 61-1 B.C.A. (CCH) para.2894 (ASBCA 1960)

As indicated in the citation above, the case was decided in 1960 by
the Armed Services Board of Contract Appeals and upheld on
reconsideration by that agency.

The case established the so-called "Eichleay formula," which has been
described in an article published by a very prominent Washington, D.C.
law firm, as follows:

"The Eichleay formula is used to calculate damages based upon a ratio
of the delayed contract's billings to the value of all work performed
during the period of the delayed contract. A contractor receives
damages for home office overhead incurred during a delay because the
contractor had presumed that the home office resources would be
needed."

If you are interested in the evolution of the application of the
"Eichleay formula," I commend that brief 1994 article to your
attention:
Arnold & Porter: "New Life For The Eichleay Formula Recovering Home
Office Overhead in Government - Caused Delay Claims"
http://www.arnoldporter.com/publications_articles.cfm?publication_id=482&pf=1

The Eichleay case was cited by the Justice Department in a brief to
the U.S. Supreme Court as recently as 2000, so the "formula" is
apparently still good law:
Department of Justice: Brief: Melka Marine, Inc. v. U.S. (Page 7)
http://www.usdoj.gov/osg/briefs/1999/0responses/99-1134.resp.pdf

(This is a PDF document, so you need Adobe Acrobat Reader to access
it. If you don't have that installed now, it can be downloaded free
here:
Adobe Reader
http://www.adobe.com/products/acrobat/readstep2.html )


Finally, here is a link to the site of the Armed Forces Board of
Contract Appeals.  Although their online decision archives only go
back to 1996, you might be able to get a copy of the Eichleay
decision, or information on getting convenient access to it, by
contacting that small agency:
Armed Services Board of Contract Appeals
http://www.law.gwu.edu/ASBCA/


Additional Site:

Here is another law firm's article about the Eichleay case and its
damage calculation formula:
Findlaw.com: Last, Harrelson & Fiaro: CALCULATING DELAY CLAIMS: An
Overview of the Components
http://library.lp.findlaw.com/articles/file/00330/002736/title/Subject/topic/Construction%20Law_Construction%20Contracts/filename/constructionlaw_1_395



Search Strategy:

The hardest part of this project, of course, was finding the name that
"sounds like Eckley."   After a lot of trial and error, I struck pay
dirt at the (very useful) Findlaw.com site.  At the following linked
page on that site, I entered the search terms "construction" "delay"
"case":
FindLaw: Cases and Codes
http://www.findlaw.com/casecode/

The first search result returned was a California case that cited the
Eichleay decision.  In order to get more information about the
decision, I conducted various Google searchs, including:

eichleay formula
://www.google.com/search?hl=en&lr=&ie=ISO-8859-1&q=eichleay++formula

eichleay asbca no. 5183
://www.google.com/search?q=Eichleay+ASBCA+No.+5183+&hl=en&lr=&ie=UTF-8&start=20&sa=N


I am confident that this is the information you are seeking.  If any
of the above is unclear, please ask for clarification before rating
this answer.


markj-ga