Unforunately the AAP program is not really the forum to get a firm answer to a question like this.  Because, it is too specific fact and scenario dependent and often requires extensive analysis of everything that occured and documentation that was done during the course of the A-E and construction firms performance.

That said, the guidance at FAR 36.608 (and of course your Agency's Supplement) should get you started in the right direction.  You will see this citation requires you to seek the "advice of technical personnel and legal counsel".