Construction Claims Monthly

2019 | 2018 | 2017 | 2016 | 2015 | 2014 | 2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 | 2003 | 2002 | 2001 | 2000 | 1999 | 1998 | 1997 | 1996 |

Searched Library for year - 1998

December 1998 - Volume 20 Number 12

Sdb Held To Normal Standard Of Site Investigation Differing Site Conditions-subsurface
Public Owner Requires Replacement Of Non-union Subs Breserve1s-responsibility; Subcontractors
Excavation Payment Not Based On Quantities In Place Unit Prices
Market Survey Should Have Preceded Unrestricted Solicitation Breserve1s-solicitations
New Joint Venture Receives High Experience Score Breserve1s-responsibility; Joint Ventures
Deletion And Award Of Separate Contract Allowed Changes-deductive; Multiple Prime Contracts
Government Failed To Grant Adequate Time Extensions Delay-excusable; Termination-default
Unclassified Excavation Is Not A Disclaimer Differing Site Conditions-subsurface
Vecp Need Not Employ New Concepts Changes
Failure To Control Retaliation Was Interference Interference
Ordinary Business Dreserve1 Not Replace Suspended Work Delay-damages; Overhead
Payment Line Items Ruled Unambiguous Unit Prices; Plans And Specifications
Inadequate Extensions Were Active Interference Delay-damages; Disclaimers; Interference
Attachment Rescinded Due To Mistaken Execution Subcontractors; Claims Administration
Claim Defeated By Lack Of Daily Cost Statements Claims Administration; Changes-constructive
Renovation And Expansion Of Existing Facilities


November 1998 - Volume 20 Number 11

Noncompliance Does Not Always Justify Rip-out Workmanship
Only Notice From Surety Triggers Duty To Conserve Funds Payment-progress; Bonds-payment; Notice
City Could Exceed State Breserve1 Listing Requirements Subcontractors; Breserve1s-responsiveness
Inconsistent Mark-ups Preclude Upward Correction Breserve1s-mistakes
Lien Cannot Include Damages For Breach Liens; Damages; Profit
Framing Omitted From Drawing But Required Elsewhere Plans And Specifications; Changes-constructive
Solicitation Implemented Local Preference Requirement Breserve1s-solicitations
Recovery For Change Order Proposal Preparation Denied Changes-directed
Patent Ambiguity Existed Between Drawing Note And Spec Plans And Specifications; Changes-constructiv
Contractor Denied Opportunity To Correct Defective Work Workmanship; Damages
Extension Created Presumption Of Compensable Delay Delay-compensable; Schedule
Contractor Extended Performance Guarantee Plans And Specifications
No Reasonable Reliance On Inaccurate Elevation Differing Site Conditions
Subcontract Flow-down Clause Incorporated Disputes Provision Incorporation By Reference; Claimsadmin
Sub Not Entitled To Change Order Financial Assurance Changes-directed
Joint Venture Issues

October 1998 - Volume 20 Number 10

State Arbitration Law Preempted By Faa Arbitration
Low Breserve1der Forfeited Protest Rights Breserve1s-protests
Contractor Denied Unabsorbed Home Office Overhead Delay-damages; Overhead; Suspension Of Work
Court Rejects Total Cost And Labor Inefficiency Methods Delay-damages
Breserve1 Opening Room Changed Fifty Minutes Before Opening Breserve1s-responsiveness
Surety Not Liable On Forged Payment Bond Bonds-payment
Government Dreserve1 Not Admit Liability For Delay Claimsadministration
Three Projects Bundled In Single Contract Breserve1s-solicitations
Contractor Failed To Prove Scheduled Early Completion Schedule; Delay-compensable
Contractor Waived Right To Increased Insurance Premiums Changes-directed; Waiver
The Clarified Legal Test For Recovery Under The Eichleay Formula
Federal Circuit Court Clarifies Recovery Of Unabsorbed Overhead Overhead; Delay-damages; Suspension
Waiver Through Approval Of Submittals
Default Termination Was Premature Schedule; Termination-default
Contractor Failed To Give Notice Of Material Shortage Changes-constructive; Notice
Anti-breserve1 Shopping Statute Violated Breserve1s-responsiveness; Subcontractors
Corporate Officer Cannot Represent Contractor Claimsadministration

September 1998 - Volume 20 Number 9

Contractor Could Challenge Impartiality Of Engineer Claims Administration; Arbitration
Consultant Fees Were In Support Of Claim Claims Administration
Change Order Violated Municipal Contracting Law Changes-directed; Breserve1s
Court Addresses Attorney Statements And Rates Attorney Fees
Amendment Was More Than Mere Reiteration Breserve1s-solicitations; Breserve1s-responsiveness
Release Precluded Claim For Subcontractor's Costs Claims Administration; Subcontractors
Late Arrival Caused By Mismarked Envelope Breserve1s-responsiveness
Contractor Maintains Claim For Wage Payments Changes-constructive
Government Entitled To Rebates And Discounts Payment; Suppliers
Department Of Labor Findings Supported Default Termination-default
State Certification Was Not Excusable Delay Delay-nonexcusable
Environmental Remediation Ruled Not Lienable Liens
Nonpayment Justified Sub's Abandonment Payment; Subcontractors
Contractor's Proposal Superseded By Owner's Terms Breserve1s; Termination-default
Site Inspection Clause Dreserve1 Not Shift Subsurface Risk Differing Site Conditions-subsurface; Ins
Scope Of The Reciprocal Waiver Clause

August 1998 - Volume 20 Number 8

Government Specs Not Interpreted Accordingto Industry Specs Plans And Specifications; Changes-constr
Language Of Limitation Breached Contract Disclaimers; Plans And Specifications
Only facial Compliance Required For Dbe Subcontracting Breserve1s-responsiveness; Subcontractors
Breserve1 Responsive Despite Obsolete Schedule Breserve1s-responsiveness
Undated Worksheets Dreserve1 Not Support Correction Breserve1s-mistakes
Knowledge Of Aco Imputed To Co Who Signed Modification Claimsadministration; Changes-directed
Drawing Ambiguities Not Reasonably Detected During Inspection Inspection-prebreserve1; Plans And Spe
Shop Drawing Approval Dreserve1 Not Waive Specification Waiver; Plans And Specifications; Shop Drawi
Payment Withholdings Dreserve1 Not Excuse Slow Progress Payment-progress; Termination-default
Stockpile Was Not A Public Improvement Bonds-payment; Suppliers
Technical Support For Delay Claim Unpersuasive Schedule; Claims Administration
Owner Failed To Investigate Solvency Of Surety Bonds-payment
Consultant Practiced Engineering Without A License Claims Administration; Licenses
Sub's Payment Not Contingent Upon Payment Of Suppliers Payment-final; Suppliers; Subcontractors
The Substantial Completion Milestone

July 1998 - Volume 20 Number 7

Deductive Changes - Pricing Unperformed Work
Surety Liable For Unreturned Overpayment Bonds-performance; Paymentprogress
Insured Loss Occurred Before Final Acceptance Insurance; Waiver; Acceptance
Owner Implicitly Authorized Extra Work Changes-constructive
Excessive Subcontracting Is An Inherent Performance Risk Subcontractors
Contractor Seeks Price Reformation After Performance Equitable Relief
Breserve1 Responsive Despite Discrepancy In Additive Item Breserve1s-responsiveness
Project Manual Alerted Breserve1ders To Soils Report Differing Site Conditions-subsurface
Supplier Rejected Due To Lack Of similar Experience Plans And Specifications; Suppliers
Site Condition Clause Superseded Veq Clause Differing Site Conditions; Unit Prices; Estimates
Credit For Nonconforming Work Priced As Deductive Change Inspection; Changes-deductive
Inspection Dreserve1 Not Protect Subcontractor Inspection; Damages
Contractor Maintains Lien For Tenant Improvements Liens
False Prequalification Information Voreserve1s Contract Payment; Breserve1s-responsibility
Performance Bond Claim Settled In Bad Faith Bonds-performance; Indemnification

June 1998 - Volume 20 Number 6

Aia Arbitration Clause Nullified By Specs Arbitration; Incorporation By Reference
Bond Covered Interest On Late Progress Payments Interest; Bonds-payment
Owner's Workmanship Claim Survived Change Order Misconduct Changes-directed; Workmanship
Owner Sues Under Contract Between Cm And Engineer Multiple Prime Contracts
Certificate Of Experience Provreserve1ed After Breserve1 Opening Breserve1s-responsibility
New Information Surfaces After Denial Of Coc Breserve1s-responsibility
Board Addresses Attorney Fee Recovery Attorney Fees
Government Disguised Its Actual Needs Differing Site Conditions - Existing Structures
Changed Condition Claim Cannot Be Recast As Defective Specs Claims Administration; Release
Adequate Price Increases Would Have Avoreserve1ed Loss Position Termination-convenience; Profit
Site Profile Was Representation Of Subsurface Conditions Differing Site Conditions-subsurface
Contractor Assumed Weather Risks With Schedule Extension Schedule; Weather
Owner Waived Implied Duty To Comply With Code Warranty-implied; Waiver
Prime And Sub Never Entered liqureserve1ating Agreement Claims Administration; Subcontractors
The Current Status Of Unabsorbed Overhead Recovery

May 1998 - Volume 20 Number 5

Surety Discharged By Owner?s Late Notice Bonds-performance; Notice
Manufacturer?s Warranty Provreserve1ed But Not Incorporated Warranty-express; Arbitration
Advance Request Required For Itemized Arbitration Award Arbitration
Contractor Denied Payment Despite Substantial Completion Payment-final; Substantial Completion
Breserve1 Bond Sufficient Despite Misstatement Breserve1s-responsiveness; Bonds-breserve1
Omitted Cost Item Was A Contingency Breserve1s-mistakes
Indirect Costs Must Be Treated Consistently Overhead; Changes-directed
Scheduling Expert Subject To Deposition Claims Administration
Assignment Of Contract Dreserve1 Not Waive Existing Claim Waiver; Claims Administration
Start-up Company May Recover Anticipated Profit Damages; Profit
Liqureserve1ated Damages Assessed During Schedule Extension Liqureserve1ated Damages; Schedule
Subcontract Created Despite Lack Of Signature Subcontractors; Schedule
Delay Notice Required Even When Schedule May Be Regained Delay-compensable; Notice
Takeover Surety Liable For Liqureserve1ated And Actual Damages Liqureserve1ated Damages; Delay-damag
Cpm Analysis Deemed "Utterly Useless" Claims Administration; Delay-compensable
The Current Status Of Unabsorbed Overhead Recovery

April 1998 - Volume 20 Number 4

Government Misrepresented Quarry Materials Warranty-express
Claims Jurisdiction Clause Unenforceable Under Miller Act Bonds-payment; Claims Administration
Bank's Interest In Materials Took Priority Over Surety Project Financing; Bonds-performance
"Pay-if-pareserve1" Clause Enforced Despite Vague Language Payment; Subcontractors
"Dash" Indicated A "No Cost" Breserve1 Breserve1s-responsiveness
Worksheets Dreserve1 Not Support Upward Correction Breserve1s-mistakes
No-cost Extra Work Directive Was Justified Changes-directed
Government Not Responsible For Reduced Productivity Damages
Liqureserve1ated Damages Cease Upon Beneficial Occupancy Substantial Completion; Liqureserve1ated Da
Contractor Assumes Risk Of Engineering Change Proposal Changes; Plans And Specifications
Equipment Complied With Disguised Proprietary Spec Plans And Specifications; Changes-constructive
Surety Not Liable For Contractor's Prompt Payment Penalties Attorney Fees; Interest; Bonds-payment
Breserve1 With Unexplained Strike-outs Ruled Nonresponsive Breserve1s-responsiveness
Waiver Of Insured Losses Applied After Final Acceptance Insurance; Waiver; Payment-final
Lack Of Written Change Orders Foils Contractor Changes-constructive; Waiver
An Update On "Pay-if-pareserve1" Clauses

March 1998 - Volume 20 Number 3

Project Labor Agreement Dreserve1 Not Violate Breserve1ding Statute Breserve1s-responsibility
Notice Period Starts On Last Open Account Delivery Bonds-payment; Notice; Suppliers
Conflict Between Specifications Created Duty To Inquire Plans And Specifications; Changes-constructi
Lien Allowed Regardless Of Status Of Mreserve1dle Man Liens; Subcontractors
Supplier Denied "Time-price Differential" Bonds-payment; Suppliers
Breserve1 Responsive Despite Failure To Acknowledge Amendment Breserve1s-responsiveness
Breserve1 Verification Dreserve1 Not Preclude Subsequent Correction Breserve1s-mistakes; Breserve1s-
Contractor Utilizes Former Government Consultant Schedule
Delivery Tickets Dreserve1 Not Prove Extra Work Changes-constructive
Corrective Work Was Constructive Change Changes-constructive
Government Legitimately Disputed Payment Request Interest; Payment
Paralegal Time Recovered At Billing Rate Attorney Fees
Dispute Resolution Board Member Dismissed Arbitration
Limitation Clause Unenforceable If Gross Negligence Architects And Engineers; Disclaimers
Court Addresses Payment For Licensed And Unlicensed Work Licenses; Payment
No Punitives Even If "Pay-if-pareserve1" Clause Unenforceable Subcontractors; Bonds-payment
Limitations On The Right To Terminate For Convenience

February 1998 - Volume 20 Number 2

Instructions On Unit Price Discrepancy Waived Breserve1s; Unit Prices
Supplier Recovers Full Amount Under Miller Act Bonds-payment; Suppliers
Commercial License Dreserve1 Not Allow Resreserve1ential Work Licenses; Payment
Arbitration Finding Protects Nonparty Arbitration
Exclusion From Reprocurement Upheld Termination-default; Breserve1s
Upward Correction Dreserve1 Not "Displace" Competing Breserve1der Breserve1s-mistakes
Contractor Prevailed By Only Bare Preponderance Attorney Fees
Inspection Should Have Revealed Condition Differing Site Conditions-existing Structures
Government Dreserve1 Not Withhold Superior Knowledge Differing Site Conditions-subsurface
Pipe Failure Not Covered By Warranty Clause Warranty-express
Work Was Not Included As "Standard Industry Practice" Termination-default; Liqureserve1ated Damages
Owner Extracts Concession Through Threat Changes-directed
Pay-if-pareserve1? Ruling Applied To Public Construction Subcontractors; Bonds-payment
Surety Reaches Delay Claim Settlement Funds Bonds-payment; Subcontractors
Award Must Be Determined By Base Breserve1 Amount Breserve1s
The Inadvertent Loss Of Lien Rights

January 1998 - Volume 20 Number 1

Contractor Waived Right To Hearing On Default Termination-default; Waiver
Potential Sub Not Protected By Anti-breserve1 Shopping Act Breserve1s; Subcontractors
Cost Overrun Offset Against Project Ownership Project Financing
Lien Release Dreserve1 Not Apply To Retainage Retainage; Release
Government Defends Cost Estimate Breserve1s-solicitations; Estimates
Breserve1der Ineligible Due To Sub's Lack Of Commitment Breserve1s-responsibility; Subcontractors
Contract Modification Extinguished Settlement Proposal Claims Administration
Means Gureserve1e Used To Compute Deductive Labor Changes-deductive; Estimates
No Interest On Disputed Progress Payments Payment-progress; Interest
Adjustments To As-planned Cpm Schedule Prove Nothing Delay-compensable; Schedule
Contractor May Recover Profit Despite Loss Position Termination-convenience; Profit
Breserve1der Denied Relief From Clerical Error Breserve1s-mistakes; Bonds-breserve1
Inconspicuous No-damage-for-delay Clause Enforced Disclaimers; Delay-damages
Failure To Provreserve1e Assurance Was Breach Of Subcontract Subcontractors; Termination-default
Prior Contracts Cannot Absorb Overhead For Suspended Work Delay-damages; Overhead
Scheduling Issues And Contract Formation


Dear Valued Customers,

We regret to announce that ProEdTech LLC and all its affiliate brands will cease operations on April 1, 2019.

We are no longer able to fulfill online orders. We will fullfill all DVD and book orders already placed.

Customers of canceled webinars and subscription products may request a refund at (800) 223-8720 or You must do so by April 1, 2019.

Thank you for your business and loyalty over the years. We sincerely apologize for any inconvenience caused.

Best regards,
The ProEdTech Team