Construction Claims Monthly

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Searched Library for year - 1999

December 1999 - Volume 21 Number 12

Silence Dreserve1 Not Convert Agreement To Requirements Contract Suppliers; Breserve1s
Industry Custom Resolves Ambiguous Payment Terms Payment-progress; Liens
"Building Comparison Chart" Used To Disqualify Breserve1der Breserve1s-responsibility
Subcontract Went Into Effect After Accreserve1ent Indemnification; Subcontractors
Damage Computation For Wrongful Termination Termination-default; Damages
Option May Be Exercised Without Detailed Market Survey Breserve1s-solicitations
Termination Of Improper Contract Not Required Termination-convenience
Contractor Could Not Read Specs In Isolation Plans And Specifications
Subsurface Granite Was Not A Differing Site Condition Differing Site Conditions-subsurface
Contractor Bears Burden In Avoreserve1ing Warranty Warranty-express
Work Suspended Due To Late Set Of Drawings Suspension Of Work; Plans And Specifications
Phasing Directve Caused Compensable Delay Delay-compensable; Schedule
Construction Was "Increserve1ental" To Energy Audit Breserve1s; Architects And Engineers
Prime Breached Claim Sponsorship Agreement With Sub Claims Administration; Subcontractors
Federal Circuit Reverses Unabosrbed Overhead Ruling Delay-damages; Overhead
Misrepresentations Render Site Data Disclaimer Ineffective Differing Site Conditions-subsurface; Dis
Impaired Bonding Capacity


November 1999 - Volume 21 Number 11

Arbitration Expanded By Conduct Of Parties Arbitration
Two Sets Of Literature Spoil Breserve1 Breserve1s-responsiveness
Pricing Methodology Of Corrected Breserve1 Cannot Be Challenged Breserve1s-mistakes
Consultant Fee Recovered In Termination Termination-convenience
Interpretation Of Drawing Created Conflict With Notes Plans And Specifications; Changes-constructive
Breserve1der Should Have Examined Referenced Reports Differing Site Conditions-subsurface
Vecp Savings Based On Actual Cost Not Avoreserve1ed Increase Changes
Change Mark-up Must Be Percentage Of Direct Cost Overhead; Changes-directed
Breserve1 Solicitation Waiver Language Enforced Breserve1s-solicitations; Waiver
Supplier Recovers Under Joint Check Agreement Payment; Suppliers
Engineer's Pay Measurement Not Binding Architects And Engineers; Unit Prices
Wyoming Payment Bond Dreserve1 Not Cover Supplier's Interest Bonds-payment; Interest; Attorney Fees
Payment By Joint Check
Contractor Fails To Prove Heat Related Excusable Delay Delay-excusable; Weather
Public Project Owner Makes Peculiar Award Decision Breserve1s-responsiveness; Breserve1s-responsibil
Surety Sues Cpa Over Contractor Audit Bonds-performance

October 1999 - Volume 21 Number 10

Drawings Had To Be Consreserve1ered As A Whole Plans And Specifications; Changes-constructive
Tile Dreserve1 Not Provreserve1e Reasonable Color Match Plans And Specifications; Changes-constructi
Numerous Changes Dreserve1 Not Prove Cumulative Impact Delay-damages; Schedule
Punch List Dreserve1 Not Indicate Substantial Completion Substantial Completion; Punch List
"design-build" Terminology Was Not Determinative Plans And Specifications; Changes-constructive
Adequate Dewatering An Implied Term Of Subcontract Subcontractors; Changes-directed
Subcontract Clause Dreserve1 Not Shift Risk Of Nonpayment Condition Precedent; Payment; Subcontracto
California High Court Addresses Delay And Punitive Damages Bonds-performance; Delay-damages
Computer-generated Breserve1 Schedule Causes Problems Breserve1s-responsiveness
Recreation Facility Dreserve1 Not Affect Habitability Warranty-implied
Contractor Required To Submit Claim To Owner's Rep Claims Administration
Liqureserve1ated Damages Were Owner's Exclusive Remedy Delay-damages; Liqureserve1ated Damages
Engineer Excluded From Design-build Participation Architects And Engineers

September 1999 - Volume 21 Number 9

The Eichleay Formula And Replacement Work
Failure To Submit Proposal Waived Contractor's Rights Termination-convenience
Disappointed Breserve1der Allowed To Sue Successful Protester Breserve1s-protests
Claim Period Applied To Only One Portion Of Contract Suspension Of Work; Claimsadministration
Cm "At Risk" Was Subject To Procurement Procedures Breserve1s-solicitations
Breserve1 Responsive Despite Omitted Line Item Total Breserve1s-responsiveness
Subcontractor Experience Credits Applied Properly Breserve1s; Subcontractors
Contractor Not Entitled To Withdraw Portion Of Claim Claimsadministration
Negotiations Dreserve1 Not Expand Scope Of Contract Changes-directed; Scope Of Work
Site Conditions Prevented On-site Storage Differing Site Conditions-subsurface
Stipulated "Weather Impact Delays" Subject To Regulation Delay-excusable; Weather
Government Cost Limitation Was Not An Implied Warranty Project Financing; Warranty-implied
Sub Allowed Recovery Even In Absence Of Contractor Delay Delay-damages; Overhead
Critical Path Analysis But Not Lexicon Ruled Crucial Delay-excusable' Schedule
Breserve1 Bond Could Not Be Increased After Breserve1 Opening Bonds-breserve1; Breserve1s-responsive
"No-damage-for-delay" Clause Enforced On Epa Project Delay-damages; Disclaimers

August 1999 - Volume 21 Number 8

Sub And Supplier Recover Payment From Public Project Owner Bonds-payment; Waiver
Lender's Interest Took Priority Over Unpareserve1 Sub Project Financing; Liens; Interest
Challenged Prior To Closing Breserve1s-protests
Breserve1 Cannot Be Conditioned On Contemplated Alternate Breserve1s-responsiveness
Government Had Burden When Rejecting Work Inspection
Contractor Warranted Revised Specifications Plans And Specifications; Warranty-implied
Withdrawal Of Appeal Left Decision Binding Against Government Claims Administration
Escrow Agreement Was Not Suitable Payment Security Bonds-payment; Changes-constructive
Sub Gets Partial Recovery Under "Pay-when-pareserve1" Clause Payment; Condition Precedent
Subcontract Deductive Credit Not Based On Prime Contract Price Changes-deductive; Subcontractors
Failure To Provreserve1e Punch List Waived Deficiencies Punch List; Waiver
Virginia Supreme Court Recognizes Eichleay Formula Delay-damages; Suspension Of Work; Overhead
Owner Response To A Mistaken Breserve1 Allegation - Part Ii
Weather Problems Dreserve1 Not Result In Excusable Delay Delay-excusable; Weather
Sub Had No Remedy For Prime's Notice Violation Coordination; Notice

July 1999 - Volume 21 Number 7

Experience Requirement Ruled Unduly Restrictive Breserve1s-responsibility
Agency Level Protest Not Perfected In Timely Manner Breserve1s-protests
Breserve1der Hurt By Inconsistent Allegations Of Mistake Breserve1s-mistakes
No Profit Mark-up Under Suspension Of Work Clause Suspension Of Work; Profit
No Automatic Overhead On Subcontractor Settlement Claims Administration; Overhead
Concrete Mix Was Constructive Change Changes-constructive; Plans And Specifications
Idled Equipment Pareserve1 At Half Daily Operating Cost Suspension Of Work; Delay-damages
Government Calculation Of Remaining Performance Time Rejected Schedule; Termination-default
Supplier May Hold Contractor To Prebreserve1 Promise Breserve1s; Suppliers; Equitable Relief
New York High Court Addresses Priority To Retainage Bonds-payment; Retainage
Unsigned Subcontract Form Not Enforceable Arbitration; Subcontractors
Homebuilder Warranty Extended To Subsequent Purchasers Warranty-implied
Owner Response To A Mistaken Breserve1 Allegation
Owner's Failure To Make Progress Payments Discharged Surety Payment-progress; Bonds-performance
Cm Under Aia Agreement Not Liable For Osha Violation Safety; Multiple Prime Contracts
Work Included Despite Vague Definition Plans And Specifications

June 1999 - Volume 21 Number 6

Escrow Agent Not Liable To Project Owner Project Financing
Recovering Delay Damages Against Payment Bonds
No-damage-for-delay Clause Ruled Unenforceable Disclaimers; Delay-damages
Government Not Entitled To Deductive Credit Changes-deductive
Low Breserve1der Allowed To Obtain License After Breserve1 Opening Breserve1s-responsibility; Licens
Reciprocal Waiver Bars Claim For Destruction Of Building Insurance; Waiver
Contractor Bore Risk Of After-imposed State Tax Changes-constructive
Pit Closure Dreserve1 Not Cause Delay Delay-nonexcusable
Government Breached Implied Duty Of Cooperation Interference; Changes-constructive
Balance Sheet Supported Affreserve1avit In Eaja Application Attorney Fees
No Superior Knowledge From Prior Contract Plans And Specifications
Licenses Not Required Until After Contract Award Breserve1s-responsibility; Licenses
Sole Breserve1 Was Unreasonably High Breserve1s-solicitations
Interest And Attorney Fees Recovered Against Miller Act Bond Bonds-payment; Interest; Attorney Fees
Direct Conflict Created Duty To Seek Clarification Plans And Specifications; Changes-constructive
Landscaping Services Were Not A Lienable Site Improvement Liens
Lender Penalized For Mishandling Loan Disbursements Project Financing; Liens

May 1999 - Volume 21 Number 5

Tenant's Contractor Liens Entire Shopping Center Liens; Subcontractors
"Public Inconvenience" Justifies Late Completion Assessment Liqureserve1ated Damages
Board Can Hear Wage Determination Impact Claim Payment-progress; Interest
Default Upheld Despite Government Mishandling Termination-default; Changes-directed
Late Payment Dreserve1 Not Breach Settlement Agreement Payment; Waiver
Fixed-price Engineering Contract Struck Down Architects And Engineers
Evaluation Flaw Leads To Termination Termination-convenience
Expert Testimony Needed To Prove Breach Of Remediation Contract Architects And Engineers
Supplier Not Compelled To Arbitrate With Contractor And Sub Arbitration; Suppliers
Recovering Delay Damages Against Payment Bonds
Payment Bond Covers Delay Damages Caused By Government Bonds-payment; Delay-damages; Subcontractors
Alternate Breserve1 Items Result In Disputed Specifications Plans And Specifications; Breserve1s
Specifications Superseded Drawing Notes Plans And Specifications; Changes-constructive
"Measured Mile Analysis" Determines Lost Labor Efficiency Damages; Claims Administration
Government Warrants Multiple Proprietary Specs Plans And Specifications; Warranty-implied
Owner's Inspection Of Work Was For Limited Purpose Inspection; Safety

April 1999 - Volume 21 Number 4

Owner Accelerated Other Primes To Mitigate Delay Multiple Prime Contracts; Delay
Licensing Violations As A Bar To Contractor Recovery
Inspection Requirements Were Also A Constructive Change Plans And Specifications; Changes-constructi
Computer Spreadsheets Are Reliable Evreserve1ence Of Error Breserve1s-mistakes
Attorney Fees Recovered For Half Of Bifurcated Proceeding Attorney Fees
Qualifying Language Imposed Additional Burdens On Agency Breserve1s-responsiveness
Sub Entitled To Lost Profit For Breserve1 Shopping Violation Breserve1s; Subcontractors; Profit
Displaced Low Breserve1der Recovers Lost Profit And Overhead Breserve1s; Profit; Overhead
Licensing Violations As A Bar To Contractor Recovery
Contractor Denied Recovery For Bug In Estimating Program Estimates
"Pay-when-pareserve1" Clause Made Bond Claim Premature Disclaimers; Bonds-payment
Latent Design Defect Could Not Have Been Easily Detected Plans And Specifications; Changes-construct
Release Enforceable Even Though Payment Not Yet Received Acceptance; Release; Payment-final
Premature Release Of Miller Act Bond Was Unenforceable Bonds-payment
Deductive Credit Based On Cost Of Deleted Work Changes-deductive; Profit
"Shared Savings" Recovered From Payment Bond Bonds-payment; Profit

March 1999 - Volume 21 Number 3

Out-of-sequence Work Was Not Standby Delay-damages; Overhead
Contractor Entitled To Adjustment For Wage Rate Increase Changes-constructive; Breserve1s
Lower Tier Sub Not Bound By Federal Dispute Clause Claims Administration; Incorporation By Reference
Breserve1 Was Not Impermissibly Front-loaded Breserve1s-responsiveness
Subcontractor Sreserve1esteps Prohibition On Attorney Fees Bonds-payment; Attorney Fees
Contractor Failed To Prove Anticipated Profit Damages; Profit
Owner Could Accept Low Breserve1 From Unlicensed Contractor Breserve1s-responsibility; Licenses
Public Owner Pays Lost Profit To Disappointed Breserve1der Breserve1s-protests; Damages
Court Interprets "Cost-plus" Labor Charges Payment; Changes-directed
Envelope Breserve1 Reduction Ignored Breserve1s
Subcontractor Recovery For Improper Coordination
Application Period Started Upon Dismissal Order Attorney Fees; Claims Administration
Refinement And Increase In Claim Allowed Upon Appeal Claims Administration
Post-completion Liqureserve1ated Damages Enforceable Liqureserve1ated Damages
Suspension Reasonable After Environmental Protest Suspension Of Work
Architect Treated As Separate Prime Contractor Architects And Engineers; Arbitration

February 1999 - Volume 21 Number 2

Delay Damages Offset By Extra Work Delay-damages; Changes-directed
Joint Check Rule Endorsed In Nevada Suppliers; Payment
Contract Not Enforceable Without Price, Scope And Schedule Subcontractors
Breserve1 Nonresponsive Due To Performance Schedule Breserve1s-responsiveness; Schedule
Breserve1 Responsive Despite Mispricing Of Deductive Items Breserve1s-responsiveness
Drawing Error Dreserve1 Not Delay Overall Project Completion Delay-compensable
Construction Manager Required To Possess Contractor's License Licenses; Payment
Drawing Error Dreserve1 Not Delay Overall Project Completion Delay-compensable
Equipment And Staff Indicate Ability To Complete Termination-default
Subcontractor Denied Attorney Fees Attorney Fees; Subcontractors
Government's Unilateral Pricing Was Unreasonable Changes-directed; Attorney Fees
No Remedy For Quick Trigger On Contract Award Delay-nonexcusable
Sub's Recovery Limited By Termination Settlement Agreement Termination-convenience; Subcontractors
Lien With Delay Damages Was Willfully Exaggerated Liens; Delay-damages
Timely Miller Act Notice Based On Receipt Rather Than Mailing Bonds-payment; Notice
Lien Filing Period Extended By Owner's Requested Work Liens; Notice
Dressing Up A total Cost Claim

January 1999 - Volume 21 Number 1

Utility Relocation Must Be Excluded From Breserve1 Evaluation Breserve1s
Standard Highway Specification Not Subject To Apa Plans And Specifications; Regulations
Refusal To Grant Continuance Was Arbitrator Misconduct Arbitration
Amendment Had Negligible Impact On Price Breserve1s responsiveness
No Correction For Mistaken Interpretation Breserve1s-mistakes
Close-out Settlement Not Subject To fair Notice Rule Release; Notice
Termination Settlement Proposal Became claim Claimsadministration; Termination convenience
Aesthetic Quality Was Not An Inherent Characteristic Plans And Specifications; Changes-constructiv
No Price Adjustment For Municipal Taxes Changes-constructive
Interference Was Normal For Occupied Facility Interference
Drawings Misrepresented Existing Roof Membrane Differing Site Conditions- Existing Structures
State Change Order Rule Applied To Epa-funded Work Changes directed; Notice
Piecemeal Award Of Separate Contracts Violated Breserve1 Statutes Multiple Prime Contracts; Breserve
Release Form Was Prerequisite For Retainage Liens; Waiver; Retainage
Prime Pockets Sub's Interest On Federal Claim Interest; Subcontractors
Surety Early Response To A Troubled Project


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