Construction Claims Monthly

 
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October 2017 - Volume 39 Number 10

Liquidated Damages Were Neither CGL 'Occurrence' Nor 'Property Damage'
'Implied' False Certification Requires 'Material' Misrepresentation
No Default Notice, No Excuse For Walking Away
FEMA Must Reimburse For Differing Conditions On Repair Project
Prime Contract Termination Didn't Trigger Subcontract Termination

September 2017 - Volume 39 Number 9

Designer's Breach Occurred When Contractor 'Discovered' It
Email Exchange Forged Exclusive Subcontract, Without Signature
Miller Act Payment Liability Trumps Pay-When-Paid Clause
Subcontract Ambiguity Could Cost Sub $3 Million
City Had Duty To Seek Mayor's Approval For Contractor's Extra Costs
Construction Work Was 'Incidental' To Sales Contract

August 2017 - Volume 39 Number 8

Parties Claim 'Disruption'---Not 'Delay'--- To Clear No-Damages Hurdle
State Statute Relieved Contractor Of Defective Design Liability
Contract Put Full Financial Responsibility On Sub's Shoulders
Govt. Improperly Interpreted Contract's Personnel Requirements
Govt. Failed To Pay, Couldn't Dismiss Contract Breach Claim As Baseless
'Marginal' Rating Improper Where Strengths My Overpower Weakness

July 2017 - Volume 39 Number 7

Eichleay Isn't The Only Overhead Formula In Town
Designer To Recover $4.7 Million From Bond Sureties
Owner's Right To Arbitrate Remains Intact 2 Years After Suit
'Expert' Had Experience With A Company, Not An Industry
Govt.'s Bid Clarification Didn't Promise On-Site Backfill Material
Settlement Proposal Could Have Ripened Into A Claim
Missing Schedule Explanation Was Not Immaterial

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'