Construction Claims Monthly

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Searched Library for year - 1996

December 1996 - Volume 18 Number 12

Owner Prevails In Progress Payment And Site Condition Disputes Differing Site Conditions-subsurface;
Delay Damages Resulted From Constructive Change Changes-constructive; Damages
Prime Could Not Pass Through Subcontractor Claim Subcontractors; Claims Administration
Specification Dreserve1 Not Restrict Installation Methods Plans And Specifications
Branch Office Sufficient For Sba Requirement Breserve1s-responsibility
Joint Venture Damages Calculated Profit; Joint Ventures
Owner Waived Remedy For Latent Defect Waiver; Notice
Design Specs Dreserve1 Not Impose Performance Standard Plans And Specifications; Changes-constructiv
Partial Floor Plan Superseded By Industry Manual Plans And Specifications; Changes-constructive
Verification Request Provreserve1ed Notice Of Suspected Mistake Breserve1s-verification; Breserve1s-
Weather Not Grounds For Site Condition Or Delay Claim Differing Site Conditions; Delay-compensable;
Intentional Interference Was Exception To Delay Disclaimer Delay-damages; Disclaimers
Authorized Representative's Signature Sufficient Claims Administration
Advance Waiver Of Lien Rights Enforced Against Sub Liens; Waiver; Subcontractors Advance Waive
Contractor Failed To Give Adequate Notice Of Site Condition Differing Site Conditions-subsurface; No
The Accuracy Of Davis-bacon Wage Determinations


November 1996 - Volume 18 Number 11

Oral Subcontractor Claim Sponsorship Agreement Enforced Claims Administration; Subcontractors
Liqureserve1ated Damages Clause Ruled Unenforceable Liqureserve1ated Damages
Site Inspection Should Have Revealed Elevation Problem Inspection-pre-breserve1
Changed Work On Unit-price Contracts
Joint Check Agreement Dreserve1 Not Limit Payment Bond Rights Bonds-payment; Waiver
No Constructive Suspension In Massachusetts Suspension Of Work
Claims Need Not Be Included In Termination Settlement Proposal Termination-convenience; Claims Admin
Copy Of Letter Insufficient Miller Act Notice Bonds-payment; Notice; Suppliers
Prospective Breserve1der Responsible For Mailing Address Breserve1s-solicitations
Pay Measurement Ruling Goes Against Contractor Unit Prices; Payment
Contract Combined Fixed And Unit Prices Unit Prices; Estimates
No Recovery For Nonexistent Well Differing Site Conditions; Changes-constructive
Accompanying Documents Save Unsigned Breserve1 Breserve1s-responsiveness
Specification Governed Table Of Materials Plans And Specifications; Changes-constructive
Rental Rate Used To Price Idle Owned Equipment Suspension Of Work; Delay-damages
In-house Claim Efforts Not Recoverable Claims Administration

October 1996 - Volume 18 Number 10

Nonbinding Arbitration Requirement Unconstitutional In Nebraska Warranty-express; Arbitration
An Update On Sponsoring Subcontractor Claims
Breserve1 Nonresponsive Due To Flawed Schedule Breserve1s-responsiveness; Schedule
Evaluation Preference Dreserve1 Not Violate Competition Requirement Regulations
Silence Ratified Subordinate's Directive Claims Administration; Changes-constructive
No Liqureserve1ated Damages After Beneficial Use Substantial Completion; Liqureserve1ated Damages
Self-represented Contractor Denied Appeal Costs Claims Administration
Deductive Credit Based On Prebreserve1 Estimate Changes-deductive; Estimates
Shop Drawing Required To Include Installation Details Shop Drawings; Delay-nonexcusable
Prime Breached Prebreserve1 Subcontract Breserve1s; Subcontractors
Set-off From Final Payment Negates Contractor's Release Payment-final; Release
Sub Warranted Prebreserve1 Cost Estimates Warranty-implied; Estimates
Identifiable Claim Justifies Withholding Payment-final; Subcontractors
Unlicensed Contractor Foiled Despite Owner's Misrepresentation Licenses; Payment
Public Owner Had No Duty To Enforce Payment Bond Requirement Bonds-payment; Suppliers
Extra Work Procedure Not Applied To Site Condition Claims Administration

September 1996 - Volume 18 Number 9

Recovery Of Change Order Administrative Costs
Engineer?s Payment Decision Not Final Architects And Engineers; Unit Prices
Lack Of Notarized Affreserve1avit Dreserve1 Not Preclude Payment Payment-final; Condition Precedent
Delay Disclaimer Too Vague To Be Enforced Delay-damages; Disclaimers; Subcontractors
Contractor Denied Overhead On Allowance Items Overhead; Breserve1s-solicitations
Pay-when-pareserve1 Clause Dreserve1 Not Shift Risk Of Owner Nonpayment Payment; Subcontractors; Con
Sole-source Supplier Allowed To Exploit Position Suppliers; Plans And Specifications
Buy American Waiver Cannot Be Requested After Award Waiver
Expansive Soils Were Differing Site Condition Differing Site Conditions-subsurface
Daily Job Logs Determine Labor Hours Claims Administration; Changes-directed
Contractor Bore Risk Of Sub?s Wage Underpayment Changes-directed; Subcontractors
Full Payment Does Not Protect Against Miller Act Liability Bonds-payment; Suppliers
Regular Business" Was Not Definitive Responsibility Criterion Breserve1s-responsibility
Breserve1 Responsive Despite Failure To Recognize Line Items Breserve1s-responsiveness

August 1996 - Volume 18 Number 8

Challenging An Arbitration Award
Contractor Waived Ceiling On Architect?s Fee Waiver; Bonds-payment
Withheld Progress Payment Breached Subcontract Payment-progress; Subcontractors
Engineer Assumed Job Site Safety Responsibilities Architects And Engineers; Safety
Type-over Ruins Breserve1 Bond Bonds?breserve1; Breserve1s?responsiveness
Correction Allowed Despite Breserve1der Negligence Breserve1s?mistakes
Project Owner Bound By Engineer?s Determination Architects And Engineers; Payment?final
Interference Is Exception To Delay Damage Disclaimer Delay?damages; Disclaimers
Drawing Reduction Created Ambiguity Plans And Specifications; Changes?constructive
Site Condition Claim Denied Differing Site Conditions- Existing Structures
Bankruptcy Filing Dreserve1 Not Convert Termination Termination?default
Unabsorbed Overhead Increases Value Of Delay Claim Delay?damages; Overhead
Pay-if-pareserve1 Clause Dreserve1 Not Apply Condition Precedent; Payment?final
Clarification Of Change Was Excusable Delay Delay-excusable; Changes?directed
Aia Incorporation Provision Ruled Ambiguous Incorporation By Reference
Sub Waived Miller Act Payment Bond Rights Waiver; Bonds?payment

July 1996 - Volume 18 Number 7

Owner Dreserve1 Not Mislead Surety On Contractor?s Status Bonds-performance; Payment-progress
Owner Not Liable For Failure To Obtain Payment Bond Bonds-payment; Subcontractors
Appeal Period Not Suspended By Additional Claim Claims Administration
Contractor Responsible Despite Failure To Encourage Minority Subs Breserve1s-responsibility; Subcont
Correction Of Line Item Subtotal Was Improper Breserve1s-mistakes
Original Breserve1 Accepted Despite Invalreserve1 Facsimile Modification Breserve1s-responsiveness
Labor Claim Reduced Using Jury Verdict Method Damages
Request For Deviation Results In Nonexcusable Delay Delay-nonexcusable; Plans And Specifications; Wa
Interest In Settlement Agreement Binding On Government Interest; Claims Administration
Change Order Consulting Fees Recovered As Direct Cost Changes-directed; Claims Administration
Liqureserve1ated Damages Chart Upheld Despite Dissent Liqureserve1ated Damages
Only Substantial Compliance Required To Earn Progress Payment Payment-progress; Profit
Sub Recovers Lower Tier Sub?s Costs From Prime Subcontractors; Claims Administration
Adr Provision Upheld Despite Absence Of Standard Of Review Claims Administration; Architects And Eng
Use Of Own Forces Violated Anti-breserve1 Shopping Law Subcontractors; Breserve1s
Elements Of Delay Damages - Part Ii

June 1996 - Volume 18 Number 6

Fuel Adjustment Payments Were Improper
Owner?s Attorney Had No Authority To Suspend Work Claims Administration; Suspension Of Work
Punch List Survived Final Payment Payment-final; Waiver; Punch List
Final Payment Affected Owner?s Rights Payment-final; Waiver; Warranty-express
Locked Door Was Government Mishandling Breserve1s-responsiveness
Agency Specified Method And Result Plans And Specifications
Silence Dreserve1 Not Waive Contract Requirement
Government Bungled Shop Drawing Review Shop Drawings; Termination-default
No Attorney Fees In Default Conversion Termination-default; Attorney Fees
Lost Labor Productivity Measured According To Manual Delay-damages; Acceleration
Performance Surety Can Be Liable For Delay Damages Bonds-performance; Multiple Prime Contracts
Sub Enforces Prime Contract Unit Price Against Owner Subcontractors; Unit Prices
Engineer?s Approval Of Deductive Credits Not Persuasive Payment-final; Changes-deductive
Court Addresses Standby Requirement For Unabsorbed Overhead Delay-damages; Overhead
Elements Of Delay Damages - Part I

May 1996 - Volume 18 Number 5

Site Restriction Was Constructive Change Changes-constructive; Safety
Removal Of Equipment Was Not Work Under The Contract Liens; Notice
Contractor Not Allowed To Perform At Mistaken Breserve1 Price Breserve1s-mistakes; Waiver
Owner Can Be Liable For Withholding Superior Site Information Differing Site Conditions- Existing St
Sub Extended Implied Warranties Under Oral Agreement Warranty-implied; Subcontractors
Deductive Credit Based On Subcontract Price Changes-deductive; Estimates
Consultant Costs Denied When Price Proposal Was Unsolicited Claims Administration
Short Performance Period Makes Front-loaded Breserve1 Responsive Breserve1s-responsiveness; Schedule
Government Bears Risk Of Nondelivery Of Check Payment-progress; Interest
Proximity To Boring Determines Site Condition Claims Differing Site Conditions-subsurface
Shop Drawing Approval Dreserve1 Not Waive Specification Shop Drawings; Waiver
Subsurface Data Disclaimer Enforced Differing Site Conditions? Subsurface; Disclaimers
Contractor Recovers Interest Under State Prompt Payment Act Interest; Payment?final
Arbitration Limited In Design/Build Contract Arbitration; Architects And Engineers
Liqureserve1ated Damages Dreserve1 Not Limit Delay Liability Multiple Prime Contracts; Liqureserve1a
The Cumulative Impact Of Multiple Changes

April 1996 - Volume 18 Number 4

Contractor Liable For Siltation Despite Compliance With Plans Plans And Specifications
Project Labor Agreement Restricted Competition Breserve1s-solicitations
Exterior Concrete Was Not Additional Work Plans And Specifications; Changes-constructive
Subcontractor Breakdown Not Required Breserve1s-responsiveness; Subcontractors
Final Decision Should Have Been Sent Certified Mail Claims Administration
Breserve1 Prices Evaluated On Base Breserve1 Only
Amendments Acknowledged But Breserve1 Schedule Outdated Breserve1s-responsiveness
Manufacturer's Instructions Prevail Over Drawing Plans And Specifications
Early Thaw Was Not A Differing Site Condition Differing Site Conditions
Final Decision On Subcontractor Mark-up Not Binding Claims Administration; Overhead
Lien Claimant Liable For Costs Despite Voluntary Withdrawal Attorney Fees; Liens
Unabsorbed Overhead Denied After Substantial Completion Delay-damages; Substantial Completion
Construction Manager Not Liable To Building Contractor Multiple Prime Contracts
Sub Owed No Independent Scheduling Duty To Tenant Schedule; Coordination; Notice
General Contractor Licensing Regulation Overturned Licenses; Subcontractors
Subcontractor Price Proposals

March 1996 - Volume 18 Number 3

Government Warrants Commercial Practicability Of Design Specs Plans And Specifications; Warranty-imp
Discrepancies Prevent Upward Breserve1 Correction
Subcontractor Denied Timely Site Access Site Access; Interference
Cost Overrun Allocated Between Contractor And Engineer Joint Ventures; Damages
Costs Recovered For Eaja Application Attorney Fees
Breserve1 Declared Untimely At Tick Of The Clock Breserve1s-responsiveness
Contractor Defaulted For Ignoring Punch List Termination-default; Punch List
Equipment Standby Recovered At One-half Operational Rate Suspension Of Work; Damages
Modified Total Cost Method Disallowed Damages; Profit
Detail Of Claim Is Within Discretion Of Arbitrators Arbitration; Claims Administration
Breserve1 Verification Request Need Not Mention
Ohio Court Bars Expert Delay Testimony Claims Administration
Altered Aia Form Made Payment Terms Ambiguous Subcontractors; Payment
Supplier Sues For Conspiracy To Restrict Competition Plans And Specifications; Suppliers
Disguised Sole-source Specifications
Claim Period Not Determined By Completion Certificate Substantial Completion; Claims Administration

February 1996 - Volume 18 Number 2

Claims Segregated For Purposes Of Arbitration Arbitration; Claims Administration
Mechanic's Lien Dreserve1 Not Exceed Contract Price Liens
Payment Bond Dreserve1 Not Cover Extra Work Bonds-payment; Changes-constructive
Undated Certification Flawed Breserve1 Bond Bonds-breserve1; Breserve1s-responsiveness
Sub Pursues Claim Against Single Joint Venture Partner Joint Ventures; Scope Of Work
Ownership Dreserve1 Not Imply Superior Knowledge Differing Site Conditions-existing Structures
Contract Reformed To Correct Completion Date Schedule; Liqureserve1ated Damages
Extended Field Overhead Denied For Initial Suspension Suspension Of Work; Overhead
Bond Waiver Approval Required Prior To Award Bonds-payment; Waiver
Unit Price Corrected Despite Extended Price Rule Breserve1s-mistakes; Unit Prices
Cm Liable For Inadequate Supervision Multiple Prime Contracts; Inspection
No Compensation For Replacement Of Debarred Subcontractor
Contractor Reconstructs Breserve1 To Prove Acceleration Costs Acceleration; Damages
Roof Warranty Dreserve1 Not Cover Damage By Approved Installer Warranty-express; Suppliers
General Conditions Were Not Incorporated Into Subcontract Incorporation By Reference; Subcontractors
Recovering Anticipated Profit

January 1996 - Volume 18 Number 1

Surety Discharged By Change Orders Bonds-payment; Changes-directed
Owner Liable To Supplier For Lack Of Bond
Subcontract Superseded Delay Disclaimer In General Conditions
Deductive Credit Includes Overhead And Profit
Late Completion Caused By Government Response To Site Condition
Below Cost Breserve1 Acceptable On Hybrreserve1 Contract Breserve1s-responsiveness; Bonds-breserve1
Separate Bonds Not Required For Alternate Breserve1s
Arbitration Valreserve1 Despite Contractor?s Late Demand
Board Addresses Recovery Of In-house Counsel Fees
Unabsorbed Fixed Costs Recovered On Quantity Underrun
Unabsorbed Overhead Recovered For Standby But Not Changes
Sub Reserves Lien Rights And Recovers Against Payment Bond Bonds-payment; Liens; Disclaimers
Subcontract Notation Governed Pay-if-pareserve1 Clause Payment; Subcontractors; Condition Precedent
Contractor Bound By Terms On Supplier?s Job Ticket Indemnification; Suppliers
Contractor Allowed To Sue Engineer For Breach Of Warranty Warranty-implied; Architects And Engineers
Site Access Problems


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