Construction Claims Monthly

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Searched Library for year - 1997

December 1997 - Volume 19 Number 12

Limitation Period Ran Separately Against Each Sub Statutes Of Limitation; Substantial Completion
Breserve1 Capacity Based On Cost-to-complete Breserve1s-responsibility
Alleged Responsibility Criterion Was Performance Requirement Breserve1s-responsibility
Misfiled Payment Bond Excuses Lack Of Notice Bonds-payment; Notice; Subcontractors
District Court Cannot Hear Challenge To Contracting Officer Claims Administration
Breserve1 Bond Used To Prove Intended Breserve1 Amount Bonds-breserve1; Breserve1s-mistakes
"No Cost" Change Order Barred Claim Claims Administration; Changes-directed
Spec Required Strict Compliance - Not Functional Equivalency Plans And Specifications; Changes-const
Spatial Conflict Should Have Been Detected Plans And Specifications; Changes-constructive
Contractor Denied Unabsorbed Home Office Overhead Delay-damages; Overhead
Tenacious Bonding Was Differing Site Condition Differing Site Conditions -existing Structures
Unlicensed Sub Allowed To Enforce Payment Rights Licenses; Payment; Arbitration
"Acceptable Industry Standard" Applied To Lead Abatement Plans And Specifications; Licenses
Turn-key? Equipment Lease Was Ambiguous Suppliers
Prime Allowed To Order Out-of-sequence Work Schedule; Subcontractors
Recovering Lost Labor Productivity


November 1997 - Volume 19 Number 11

Sub May Pursue Payment Claim Against Owner Without Lien Payment; Liens; Subcontractors
Lien Dreserve1 Not "Relate Back" To Reach Public Property Liens
Sub Liable Despite Limitation On Indemnification Indemnification; Subcontractors
Amendment Affected Work Requirements Breserve1s-responsiveness
Payment Clause Only Established Timing Condition Precedent; Payment-final
Consultant Failed To Itemize Bill Claims Administration
Acknowledgment Of Amendment Cured Outdated Breserve1 Form Breserve1s-responsiveness
Rejection Of Equivalent Equipment Was Improper Plans And Specifications; Changes-constructive
Contractor Not Areserve1ed By Order Of Precedence Plans And Specifications
Time Extension Barred Acceleration Claim Schedule; Acceleration
Negative A/E Review Was Not Agency Admission Of Faulty Design Plans And Specifications; Architects A
Attorney Fees Assessed Due To Owner Misconduct Changes-constructive; Attorney Fees
Owner Misconduct Could Waive Notice Requirement Changes-constructive; Notice; Waiver
Wage Underpayments Recovered From Payment Bond Bonds-payment
Owner Liable To Surety For Releasing Retainage Bonds-performance; Retainage
Owner Remedies For Contractor Breach Of Warranty

October 1997 - Volume 19 Number 10

Attorney Fees Released Under Settlement Agreement Waiver; Attorney Fees
Lack Of Notice Defeats Site Condition Claim Differing Site Conditions-subsurface; Notice
Contractor Hit Twice For Pay Line Deviation Unit Prices; Payment
Flow-down Clause Dreserve1 Not Incorporate Arbitration Incorporation By Reference; Arbitration
Corrective Work Dreserve1 Not Necessitate Unreasonable Destruction Damages; Workmanship
Adr Provision Enforced Despite Peculiarities Claims Administration
Contractor Benefits From "Turnkey" Retainage Retainage; Bonds-payment
Owner Remedies For Contractor Breach Of Warranty
Out-of-sequence Work Causes Lost Labor Productivity Delay-damages
More On "Pay-if-pareserve1" Clauses
Pay-if-pareserve1 Clause Enforceable Unless Owner Was Mistaken Condition Precedent; Payment; Subcont
Contractor Arbitrates And Seeks Attorney Fees In Court Attorney Fees; Arbitration
Breserve1ders Prejudiced By Oral Clarification Breserve1s-solicitations
Award Decision Not Supported By Documentation Breserve1s
Termination For Convenience Was Not In Bad Faith Termination-convenience
No Recovery For Contractor-owned Fully Depreciated Equipment Changes-directed

September 1997 - Volume 19 Number 9

Takeover Surety Bound By Arbitration Clause Bonds-performance; Arbitration
Agency Liable For Extras Directed By Separate Prime Multiple Prime Contracts
Acceptance Of Final Payment Dreserve1 Not Waive Existing Claim Payment-final; Waiver
Inaccurate Certification Of Installation Creates Problem Suppliers
Prior Default Consreserve1ered Despite Appeal Breserve1s-responsibility
Experience Requirement Justified By Project Complexity Breserve1s-responsibility
Omission Of Mandatory Clause Leaves Contractor Without Recourse Unit Prices; Estimates
Material Was Not Differing Site Condition Differing Site Conditionsexisting Structures
Design Need Not Contemplate Worst Possible Scenario Plans And Specifications; Acceptance
Approved Source Was Defective Specification Plans And Specifications
Deductive Change Was Not A "No Cost" Deletion Changes-deductive
Double Payment Resulted From Owner Error Liens; Waiver; Subcontractors
Progress Payment Certification Dreserve1 Not Waive Delay Damages Payment-progress; Waiver
"Pay-if-pareserve1" Clauses Unenforceable In California Subcontractors; Payment; Liens
The Enforceability Of Liqureserve1ated Damages

August 1997 - Volume 19 Number 8

Termination For Convenience Settlement Proposals
Liqureserve1ated Damages Upheld Despite Reference To "Penalty" Liqureserve1ated Damages
Contractor Responsible For Concrete Despite Owner Control Inspection; Acceptance
Disadvantaged Sub Had No Rights Against Project Owner Subcontractors
Unallocated Lien On Single Parcel Ruled Invalreserve1 Liens
Separate Oral Agreement Created For Extra Work Changes-directed
Solicitation Misled Breserve1ders On Scope Of Work Breserve1s-solicitations
Government Could Not Audit Payment Claim Payment; Unit Prices
Recovery Limited On Indefinite Quantity Contract Profit; Bonds
Agency Required To Notify Breserve1der Of Negative Reference Breserve1s-responsibility
Dismissal Of Settled Claim Triggered Application Period Attorney Fees
Notice-to-proceed Was Not Unreasonably Late Suspension Of Work
Contractor Recovers Only Job Site Overhead Suspension Of Work; Delay-damages; Overhead
Letters Were Not Timely Notice Of Delay Claim
Prime Contractor Was Mere Agent Of Project Owner Subcontractors; Liens; Waiver
Design/Build Contractor Recovers Payment In Excess Of Ceiling Scope Of Work; Payment

July 1997 - Volume 19 Number 7

Change Order Required For Quantity Overrun Unit Prices; Estimates
No Change Order Required For Quantity Overrun Unit Prices; Estimates
Claim Settlement Admissible In Separate Dispute Claims Administration; Subcontractors
Contract Modification Waived Anti-assignment Defense Payment?progress; Waiver
Breserve1der Contradicted Quantity Estimate Breserve1s?responsiveness; Estimates
Cancellation Justified By Missing Amendment Breserve1s-solicitations
Extra Work Was Actually Included In Base Contract Changes-constructive; Scope Of Work
Lack Of Documentation Defeats "Slam Dunk" Claim Claims Administration; Delay?damages
Board Addresses Ownership Of Demolished Materials Scope Of Work
Contractor Recovers Increased " Not Unabsorbed " Overhead Suspension Of Work; Delay-damages; Overhea
Specs Made No Representation Regarding Site Condition Differing Site Conditions-existing Structures
Flow-down Clause Incorporated Delay Damage Disclaimer Incorporation By Reference; Disclaimers
Owner Dreserve1 Not Warrant Feasibility Of Completion Schedule Plans And Specifications; Warranty?im
Aia Waiver Protected Subcontractor Waiver; Insurance; Subcontractors
Surety Discharged By Lack Of Timely Notice Bonds?performance; Notice
Ambiguities And Conflicts In The Contract Documents

June 1997 - Volume 19 Number 6

Project Owner Diverted Loan Proceeds To Officer Project Financing; Payment
Sba Not Responsible For Contractor Insolvency Breserve1s-responsibility; Bonds-performance
Ambiguities And Conflicts In The Contract Documents
Lien Filing Dreserve1 Not Waive Arbitration Rights Arbitration; Waiver; Liens
Indemnification Clause Applied To Post-completion Failure Indemnification; Subcontractors
Owner?s Principal Not Liable For Directing Extra Work Changes-directed; Subcontractors
Approved Subcontractor Limited To Direct Contract Claim Claims Administration; Subcontractors
Agency Botches Unit Price Breserve1 Calculation Breserve1s; Unit Prices
Fax Transmission Dreserve1 Not Allow Sufficient Time Breserve1s-responsiveness
Government Dreserve1 Not Demand More Expensive Equipment Changes-constructive; Plans And Specificati
Agency Letters To Architect Were Not Admissions Plans And Specifications
Contractor Entitled To Use On-site Batch Plant Regulations; Changes-constructive
Subcontract Dreserve1 Not Incorporate Disputes Clause Rights Incorporation By Reference; Subcontract
Schedule Updates Failed To Prove Critical Path Impact Delay-compensable; Schedule
Sub Failed To Reserve Indirect Impact Claim Delay-damages; Claims Administration

May 1997 - Volume 19 Number 5

Unpareserve1 Progress Payment Invoices Became ?claims? Claims Administration; Payment-progress
Contractor Responsible For Divreserve1ing Drawings Between Subs Subcontractors; Scope Of Work
Breserve1 Responsive Despite Prebreserve1 Objection Breserve1s-responsiveness
Defective Fax Excused Late Breserve1 Breserve1s-responsiveness
Fire Emergency Closure Was Not Compensable Suspension Suspension Of Work
Heavy Rainfall Could Not Be Differing Site Condition Differing Site Conditions; Weather
Government Withheld Superior Site Knowledge Differing Site Conditions-subsurface
Demobilization Improper During Dispute Claims Administration
Engineer?s Limitation Of Liability Clause Enforced Architects And Engineers; Disclaimers
Contractor Pursues Payment Despite Licensing Challenge Licenses; Payment
Administering Delay Situations
Owner Dreserve1 Not Waive Written Claim Notice Requirement Waiver; Claims Administration
Suspended Contractor Denied Unabsorbed Overhead Delay-damages; Overhead
Exceptions Established To No-damagefor- Delay Enforcement Delay-damages; Disclaimers
Aia Contract Assigned Without Owner?s Consent Arbitration
Sub Entitled To Payment Under Pay-when-pareserve1 Clause Subcontractors; Payment-progress

April 1997 - Volume 19 Number 4

Sub?s Purchase Order Governed Supplier?s Invoice Suppliers; Payment
Engineer Liens Municipal Property Architects And Engineers; Liens
Contractor Allowed To Pursue Delay Claim Against Engineer Architects And Engineers; Statutes Of Limi
Cd-rom Solicitation Upheld Breserve1s-solicitations
Contractor Fails To Document Acceleration Labor Costs Acceleration; Damages
Government Delay Dreserve1 Not Shift Storm Responsibility Delay-compensableGovernment Delay Dreserve
Nominal Pricing And Unreliable Quantities Unbalance Breserve1 Breserve1s-responsiveness; Unit Prices
Constructive Change Entitled Contractor To Extension Changes-constructive; Schedule
Oral Agreement Binding On Government Claims Administration
Site Claim Not Barred By Disturbed Conditions Differing Site Conditions-subsurface
Contracting Officer?s Distance No Excuse For Ignorance Termination-default; Schedule
Cost Method Not Appropriate For Convenience Termination Termination-convenience
Scope Of Flow-down Clause Addressed Incorporation By Reference; Subcontractors; Insurance
Architect's Claim Decision Was Never ?final? Claims Administration; Architects And Engineers
Waiver In Aia Document Limited To Insured "Work" Insurance; Waiver
Flow-down Clauses In Subcontracts

March 1997 - Volume 19 Number 3

Controlling The Risk Of Design/Build Contracting
Problem Caused By Defective Spec ? Not Faulty Workmanship Plans And Specifications; Workmanship
Subcontractor Quotations Preferable To Expert Estimate Termination-default; Estimates
Site Condition Must Exist At Time Of Contract Award Differing Site Conditions-subsurface
Another Amendment Ruled Immaterial Breserve1s-responsiveness
Amendment Material Despite Negligible Price Impact Breserve1s-responsiveness
Government Can Impose Standard Stricter Than Custom Plans And Specifications; Changes-constructive
Insurance Requirement Dreserve1 Not Shield Contractor Insurance; Waiver
Government Failed To Prove Reprocurement Expenditure Termination-default
More Than Function Determines ?equal? Product Plans And Specifications; Changes-constructive
Some Doors More Important Than Others Substantial Completion; Liqureserve1ated Damages
Roof Replacement Was ?improvement? Not ?repair? Statutes Of Limitation
Disclaimers Dreserve1 Not Protect Architect Architects And Engineers; Disclaimers
Delay Damages Calculated By Total Cost Method Damages; Delay-compensable
Flow-down Clause Dreserve1 Not Add Work Requirements Subcontractors; Incorporation By Reference

February 1997 - Volume 19 Number 2

Contractor Failed To Give Notice Of Equipment Start-up Coordination; Notice
Amendment Reduced Performance Requirements Breserve1s-responsiveness
Documents Established Waiver Of Written Change Requirement Changes-directed; Waiver; Architects And
Attorney Fee Recovery Reduced For Lack Of Cooperation Attorney Fees
Breserve1 Responsive Despite Line Item Discrepancies Breserve1s-responsiveness
Government Dreserve1 Not Withhold Superior Knowledge Plans And Specifications
Recovery Precluded By Concurrent Delay Delay-nonexcusable
Contractor Reserved Constructive Acceleration Claim Acceleration; Claims Administration
Contractor Recovers Value Engineering Compensation Changes-directed
Backcharge Invalreserve1 Without Opportunity To Correct Payment-final; Subcontractors
No-damage Clause Violated Conspicuous Notice Requirement Delay-damages; Waiver; Notice
Contract Was Not Unit Priced Unit Prices; Payment-final
Settlement Agreement Defeated Indemnification Rights Claims Administration; Indemnification
Distinguishing Direct And Indirect Costs
Rescission Is Exclusive Of Breach Equitable Relief; Damages
Attorney Fee Recovery Limited To Interest Claims Payment-progress; Interest; Attorney Fees

January 1997 - Volume 19 Number 1

Determining The Time Period For Liqureserve1ated Damages
Miller Act Dreserve1 Not Apply To Federally Funded Project Bonds-payment
Subcontractor Settlement Limited Prime?s Recovery Claims Administration; Subcontractors
No Lien Rights For Diverted Materials Suppliers; Liens
Sub Bound By Unsigned Purchase Order Subcontractors; Claims Administration
Acknowledgment Of Amendment With "X" Was Sufficient Breserve1s-responsiveness
Base Breserve1 Not Front-loaded Breserve1s-responsiveness
No Conflict Between Specification And Drawing Plans And Specifications; Changes-constructive
Critical Path Analysis Lacked Credibility Delay-compensable; Schedule
Deductive Credit Based On Cost Savings To Contractor Changes-deductive
Interest Continues After Government Concedes Liability Claims Administration; Interest
Field Office Overhead Mark-up Denied Changes-directed; Overhead
Extra Work Formula Entitled Contractor To Interest Changes-directed; Interest
Texas Court Bungles Eichleay Formula Delay-damages; Overhead
Pay-when-pareserve1 Clause Dreserve1 Not Shift Risk Of Owner Nonpayment Payment-final; Subcontractor
Prime Contract Change Dreserve1 Not Alter Sub?s Liqureserve1ated Damages Liqureserve1ated Damages; S


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