Construction Claims Monthly

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June 2017 - Volume 39 Number 6

If It Doesn't Walk Or Talk Like A Duck: 4 Ways To Not Make A Contract
Sub's Work Was Slow But Acceptable, No Material Breach
Owner's Oversight Duty Included Rebar Placement, Not Welds
2 Definitions Of A 'No-Cost Change Order'
FEDERAL CASES: Contractor Is Bound By, May Not Second-Guess, Govt. Decisions
3 Monetary Requests That Were Not Claims

May 2017 - Volume 39 Number 5

Missouri Okays Modified Total Cost Method In Spearin Claim
Unsigned, Sample Document Can't Support Fraud Pleading
Despite Defective Drawings, 'Vendor' Was Entitled To Payment
FEDERAL CASES: Govt. Properly Doubted Contractor's Ability To Achieve Project Completion
Funded By DOT, But Not A 'Public Work'

April 2017 - Volume 39 Number 4

Omitted F.A.R. Bond Provision Was Nonetheless Part Of Contract
5-Year Statute Of Repose Protected Roofing Supplier
Accord & Satisfaction Didn't Release Recovery Rights For Latent Defects
FEDERAL CASES: Contractor Underbid Hazardous Waste Work---At Its Own Risk
Contract Contained 2 Different Payment Schemes For Concrete Work
Order Of Precedence Clause Negated Drawings' Direction
BID PROTESTS: Technical Superiority Legitimately Outweighed $100K Additional Contract Cost

March 2017 - Volume 39 Number 3

Arbitrator Reached Beyond Contract's Termination Terms
Contractor Doesn't Owe Amounts It Never Received From Delay-Causing Owner
Sub Had No Hand In And No Liability For Injury
FEDERAL CASES: Owner Released Sub's Rights To Delay Damages
Possibility Of Subsurface Condition Was 'Obvious' And 'Apparent'
'Broad Exculpatory' Clauses Didn't Stop Differing Conditions Claim

February 2017 - Volume 39 Number 2

Owner To Pay $20M For Messing With Contractor's Means & Methods---Despite No-Damages Clause
No Bad Faith Where Surety's Interests Aligned With Contractor's
Safety Violation Was A 'Material' Breach
FEDERAL CASES: Contract's Definition Of 'The Dispute' Was Up For Dispute
Contractor's Interpretation Of Static Site Conditions Was Unfounded
BID PROTESTS: No 'Spoon-Feeding' Of Discussion Question Responses

January 2017 - Volume 39 Number 1

Contractor Had Exclusive Right To Serve Govt.'s Paving Needs
Contractor's Entitlement To $1M Extra Pay Depends On 'Fill' Definition
Court Demands Clarification Of Ambiguous Arbitration Award
Sureties Can't Compel Unpaid Designer To Arbitrate
Direct V. Consequential Damages Distinction Depends On Time
FEDERAL CASES: Govt. Must Retract 53 Days Of Liquidated Damages
BID PROTESTS: 'Task Orders' Are Not Necessarily 'Contracts'