Construction Claims Monthly

 
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June 2018 - Volume 40 Number 6

Spearin May Offer Recovery Avenue To Design-Build Subs
Cardinal Changes & Contract Interference Negate 'No Damages for Delay' Clause
Contract Unambiguously Held Contractor Responsible For Subs' Defective Work
No Recovery For Contractor That Failed To Submit F.A.R.-Mandated Settlement Proposal
Govt.'s 44-Minute Response Window For RFQ Was Not Unreasonable
Impossible-To-Meet Project Requirements Aren't Necessarily Unreasonable
Last-Minute Price Change Turns A Timely Bid Submittal Into A Tardy One.

May 2018 - Volume 40 Number 5

Deficient Specs And Failure To Respond To RFIs May Prove Costly For Govt.
Clarification Request Proved Latent RFP Ambiguity Was Actually Patent
Govt. Couldn't Disclaim Responsibility For Its Silence On Groundwater
Supplier Agreement Was Not An Enforceable Contract
City Was Not Third-Party Beneficiary, Couldn't Sue Architect For Negligence
No Differing Conditions Where Contractor Could Have Inspected Site

April 2018 - Volume 40 Number 4

Urgent Repairs Were 'Compelling' Reason To Cancel Bid
Email Promise May Have Extended Subcontract Scope---and Miller Act Timeline
Agency Unreasonably Allowed Upward Correction of Bid Price
Multiple Waivers Left Contractor With No Basis For Negligence Suit Against Sub
Certificate of Substantial Completion Not A Safety Net For Surety
Govt.'s Letter Deleting Work Was Not A Contract Termination Notice

March 2018 - Volume 40 Number 3

Time Ran Against King: Ohio Statute Barred Decade-Old Contract Breach Action
Contractor Properly Used Cheaper, Nonconforming Performance Method
Termination Damages Awarded As If Work Was Complete
In Vermont, Participation In Prep Work Signals Commitment To Arbitration
No Constructive Change Where Specs Spelled Out Installation Method

February 2018 - Volume 40 Number 2

Govt. Must Base Contract Estimates On All Relevant Info Available
A/E Tort Liabilty Extended To Negligent Construction Manager
One Over-Reaching Clause Doesn't Void An Entire Contract
Email Contract Didn't Spell Out Who Was Responsible For Concrete Specs
When Govt. Sought 'Other Relief' Under Contract, It Made A 'Claim'
Govt. May Write Specs Around A Particular Vendor's Methods

January 2018 - Volume 40 Number 1

The Government Needs Just One Good Reason To Terminate For Default
Owner Paid Unit Price, But Accepted Fixed-Price Bid
Both Parties Will Bear Costs For Road Defects
Subcontract Incorporated Some Of The Prime Contract---But Not Its Arbitration Terms
No General Release Exception Without 'Special And Limited' Circumstances
Design-Phase Work Precluded Firm From Bidding On Construction Phase