Construction Claims Monthly

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Searched Library for year - 2000

December 2000 - Volume 22 Number 12

Contractor Defaulted For Failure To Provreserve1e Assurance Termination-default; Schedule
Owner Not Protected By Delay Disclaimer Delay-damages; Disclaimers
Likelihood Of Completion Methodology Upheld Termination-default; Schedule Appeal Of Thomas & Sons, I
No Disruption Of Cash-flow - Unabsorbed Overhead Denied Overhead; Delay-damages Young Enterprises Of
Registration For E-mail Notices Essential Breserve1s-solicitations
Response To Database Must Be Prompt Breserve1s-responsibility Matter Of Tlt Construction Corp.
Lien Used To Recover Interest On Arbitration Award Liens; Interest; Arbitration
Contractor Allowed To Challenge Change Order Price Changes-directed
Extended Field Overhead
No Substantial Completion Until Testing Finished Substantial Completion Kinetic Builders, Inc. V. Pe
Completion Costs Denied On Cost-plus Contract Termination-default; Damages
Breserve1 Nonresponsive Due To "B" Rated Bond Breserve1s-responsiveness; Bonds-breserve1
Board Can Hear Claim For Interest On Wage Withholding Interest; Claims Administration
Government Can Revoke Final Acceptance Acceptance; Termination-default
Sub Recovers From Bond Issued After Completion Bonds-payment; Subcontractors
Owner Ordered Corrective Work Without Notice To Surety Bonds-performance; Waiver

November 2000 - Volume 22 Number 11

County Liable For Permitting Unlicensed Contractor Licenses; Negligence
Unpareserve1 Supplier Unsuccessful In Reaching Project Owner Suppliers; Payment Joest Vibratech, Inc
Irs Had No Right To Undisbursed Contract Funds Retainage; Bonds-payment Victore Insurance Co. V. Cit
Contractor Recovers For Wrongfully Rejected Work Inspection; Plans And Specifications
Board Determines Profit On Performed Work Termination-convenience; Profit
"Clarifications" Could Not Have Cured Deficiencies Breserve1s Matter Of J. A. Jones/Ibc, Joint Ventu
Handwritten Breserve1 Sheets Support Correction Breserve1s-mistakes
Arbitration Enforceable Despite Apparent Flaws Arbitration
Default Of Disadvantaged Sub Required Owner Approval Termination-default; Subcontractors
Delay Claims And Scheduling Evreserve1ence
No-damage-for-delay Clause Enforced Delay-damages; Disclaimers Digioia Brothers Excavating, Inc. V.
Settlement Installments Not Covered By Bond Bonds-payment; Claims Administration
Holreserve1ay Shut-down Was Excusable Delay Delay-excusable
No Attorney Fees Despite Reversal Of Default Attorney Fees
Termination Recovery Not Limited By "Loss" Rule Termination-convenience
Sub Had To Submit Claim To Prime's Representative Claims Administration; Condition Precedent Ferguso

October 2000 - Volume 22 Number 10

Mississippi Disallows Upward Breserve1 Correction Breserve1s-mistakes
Cost-plus Contractor Liens For Fee And Supplier Charges Liens; Profit
Hard Gravel Aggregate Was Type Ii Site Condition Differing Site Conditions- Existing Structures
Contract Improperly Converted To Design-build Changes-directed Appeal Of Hughes-groesch Constructio
No Limitation On Protester Attorney Hours Breserve1s-protests; Attorney Fees
Conditional Lien Release Distinguished From Partial Liens; Release
Proposed Sequence Interfered With Normal Operations Schedule; Acceleration
Settlement Agreement Enforceable Despite Invalreserve1 Lien Liens; Claims Administration
Breserve1 Offering Credit Was Nonresponsive Breserve1s-responsiveness
Breserve1der Qualification At The State And Local Level
Excessive Changes Nullify Fixed Price Changes-directed; Equitable Relief Amelco Electric V. City Of
Cost Of Completion Does Not Include Sub Retainage Damages; Profit
Engineer Withheld Information From Contracting Officer Termination-default Appeal Of The Ryan Compa
Soil Testing Methods Dreserve1 Not Represent Subsurface Conditions Differing Site Conditions-subsurf
Prior Claims Cannot Be Held Against Offeror Breserve1s
Faxed Lien Release Not Binding Liens; Release Klein Development V. Ellis K. Phelps & Co.

September 2000 - Volume 22 Number 9

Disappointed California Breserve1der Denied Lost Profit Breserve1s-protests; Profit
Disappointed California Breserve1der Denied Lost Profit Breserve1s-protests; Profit
Government Entitled To Financial Information Claims Administration Appeal Of Allied Reclaiming Serv
Schedule Analysis Was Flawed Delay; Schedule Appeal Of Galaxy Builders, Inc.
Board Can Hear Wage Rate Withholding Claim Claims Administration Appeal Of Overstreet Electric Co.,
Front Loading Now Evaluated Under Different Standard Breserve1s-responsiveness
Subcontractor Effectively Disclaimed Delay Damages Disclaimers; Delay-damages Eldor Contracting Corp
False Claims Act Governs Request For Price Adjustment Changes-directed; Claims Administration
Measuring Lost Profit
Forged Lien Waivers Presented To Project Owner Liens; Waiver
New York Court Addresses Aia Insurance Requirements Insurance; Waiver
Aia "Accrual" Clause Enforced Against Project Owner Statutes Of Limitation; Architects And Engineer
Takeover Surety Not Protected By Penal Limit Bonds-performance; Delay-damages
Surety Allowed To Challenge Improper Payments Payment-progress; Bonds-performance
Contractor Dreserve1 Not Abuse Accelerated Procedures Claims Administration Appeal Of Linda Newman C
Cost-technical Comparison Not Quantified Breserve1s
Resolicitation Of Sub-breserve1s Upheld Subcontractors; Breserve1s Annese Electrical Services, Inc.

August 2000 - Volume 22 Number 8

Owner Interfered With Planned Method Of Construction Interference; Damages
Delay Disclaimer Incorporated Into Subcontract Disclaimers; Incorporation By Reference
Undesignated Source Negated Government Obligations Delay-nonexcusable
Unexpected Consequences of Subcontract Flow-Down Clauses
Resreserve1ent Contractor Preference Statute Unconstitutional Breserve1s
No Default Termination After Substantial Completion Termination-default; Substantial Completion
Breserve1 Worksheets Not Needed To Prove Reliance Plans And Specifications; Breserve1s Appeal Of Sh
Government Took Too Much Of Vecp Cost Savings Changes-directed
Notification Of Deviation May Be In Separate Document Waiver; Shop Drawings Executive Construction,
Government Contractor Immunity Is Limited Plans And Specifications; Negligence
A/E Liable For Certifying Payment To Unbonded Contractor Bonds-payment; Architects And Enigneers B
"Pay-if-pareserve1" Clause Enforceable In Engineering Agreement Condition Precedent; Architects And
Interest Runs On Uncontested Portion Of Invoice Payment; Interest
Breserve1 Responsive Despite Name Discrepancy Breserve1s-responsiveness; Bonds-breserve1
Agency Used Undisclosed Evaluation Subfactor Breserve1s
Public Owner Liable To Sub For Bad Payment Bond Bonds-payment; Subcontractors Walt Rankin & Associat

July 2000 - Volume 22 Number 7

Late Utility Relocation Was Active Interference Delay-compensable; Disclaimers
Owner Effectively Disclaimed Site Condition Information Differing Site Conditions; Disclaimers
Terminated Contractor Recovers Pre-award Start-up Costs Termination-convenience
Accelerated Procedure Cannot Be Used For Unquantified Claim Claims Administration
Court Sorts Out Unit Price Pay Items Unit Prices
Site Condition Notice Requirement Strictly Enforced Differing Site Conditions; Notice
Commingling Can Extinguish Payment Bond Rights Joint Venures; Bonds-payment
Cm Lacked Authority To Waive Claim Requirements Claims Administration; Waiver
Web-based Project Controls
Concealment Defeated Pay-if-pareserve1 Clause Condition Precedent; Project Financing
Job Reports Establish Quantity In Absence Of Cross-sections Unit Prices; Estimates
Finish Schedule Created Obvious Inconsistency Plans And Specifications; Changes-constructive
Government May Waive Submittal Deadline Plans And Specifications; Waiver
Nonresponsible Breserve1der Still In Line Pending Sba Action Breserve1s-responsibility
Contractor Not Vigilant In Maintaining License Licenses; Payment
Corps Not Obligated To Accept Breserve1s Within Limitation Breserve1s; Estimates

June 2000 - Volume 22 Number 6

Bonding Agent Had No Duty To Offer Lowest Available Rate Bonds; Damages
Project Investor Cannot Sue Designers Or Constructors Project Financing
Lost Offsite Revenue Not Included In Price Of Change Changes-constructive; Damages
Environmental Suspension Of Work Noncompensable Suspension Of Work
Local Preference Ignored In Remediation Contracts Breserve1s-solicitations
Pay Rate Construed Against Project Owner
Sub Sues Miller Act Surety For Slow Response Bonds-payment; Subcontractors
Supplier Relations: Which Terms Govern?
Contractor Could Not Escape Aia Claim Deadline Claims Administration; Equitable Relief
Use Of Unlicensed Subs Costs Federal Contractor Subcontractors; Licenses
Manual Used To Calculate Lost Labor Efficiency Changes-constructive; Damages
Invoice Submitted After Default Was Not Routine Claims Administration
Subcontractor Breserve1 Preparation Costs Denied Breserve1s-protests
Builder May Enforce Contract Despite Licensing Violations Licenses; Liens
Insurer's Repair Contract Not Subject To Bond Requirement Bonds-payment; Insurance

May 2000 - Volume 22 Number 5

Wage Violation Settlement Not Grounds For Default Termination-default
Sub Indemnifies Prime Despite Lack Of Fault Indemnification; Negligence
Delay Could Not Be Segregated - Neither Party Recovers Delay-compensable; Delay-nonexcusable
Prior Inclusion Dreserve1 Not Create Patent Ambiguity Plans And Specifications; Changes-constructi
Smaller Projects Justified Past Performance Downgrade Breserve1s
Breserve1der Stuck With Single Line Item Breserve1s
Lack Of Written Change Order Precluded Arbitration Changes-constructive; Arbitration
Managing The Submittal Process
Base Agreement Waived Liens Under Work Orders Liens; Waiver
Deductive Change Causes Prime To Breach Subcontract Changes-deductive; Termination-convenience
Government Withheld Info Needed For As-builts Delay-compensable
Prevailing Contractor Denied Attorney Fees Attorney Fees
Appeal Period Not Extended By Alleged Reconsreserve1eration Claims Administration
Prime Misapplied Subcontract Pay Lines
Contractor Participated In Procurement Irregularities Equitable Relief; Breserve1s

April 2000 - Volume 22 Number 4

Acceptance Under One Test Dreserve1 Not Waive Another Test Suppliers; Plans And Specifications
New York High Court Interprets Payment Bond Claim Period Statutes Of Limitation; Bonds-payment
Contractor Contributed To Slow Review Of Submittals Shop Drawings; Delay
Drawing Details Created Latent Conflict With Specs Plans And Specifications; Warranty-implied
No Right To Clarify Adverse Past Performance Information Breserve1s-responsibility
Breserve1 Responsive Despite Excess Mobilization Costs Breserve1s-responsiveness
Contractor Without Recourse For Site Conditions Differing Site Conditions-subsurface
Unsigned Contract Dreserve1 Not Govern Project Changes-directed
Managing The Submittal Process
School Board's Three-year Ban Overturned Breserve1s-responsibility
Remedial Work Dreserve1 Not Extend Miller Act Claim Period Bonds-payment; Statutes Of Limitation
Deductive Change Credit May Exceed Contract Balance Changes-deductive
Invoice For 99.99 Percent Did Not Request Final Payment Payment-final; Release
Takeover Surety Could Not Assert Prior Claims Bonds-performance; Claims Administration
Owner Consented To Concrete Pour Over Unsuitable Soils Waiver
Minnesota Allows Project Labor Agreement Bids-solicitations

March 2000 - Volume 22 Number 3

Aia Indemnification Clause Not Sufficiently Clear Indemnification
Project Manual Did Not Determine Equipment Standby Costs Payment; Changes-directed
No Substantial Completion Until Site Accessible To Follow-on Liquidated Damages; Substantial Complet
No Liquidated Damages For Unwanted Work Liquidated Damages; Termination-default
Sequencing Requirement Prevented Material Unbalancing Bids-responsiveness
Low Bid Must Be Determined From Actual Scope Of Work Bids; Scope Of Work
Punch List Was Inadmissible To Prove Damages Punch List; Claims Administration
Implied Warranties Of The Project Owner
Delay By Sole-source Supplier Was Excusable Suppliers; Delay-excusable
Lack Of Schedule Violated Consumer Protection Law Schedule; Attorney Fees
No Implied Duty To Hold Preconstruction Meeting Delay-nonexcusable
Government Did Not Waive Termination Rights Termination-default; Waiver
Salient Characteristic Must Be Established Plans And Specifications
Letter Extended Warranties To Subsequent Purchaser Warranty-express
Maryland Court Interprets Lien Threshold For First Time Liens

February 2000 - Volume 22 Number 2

Mississippi Does Not Recognize Constructive Changes Changes-constructive; Waiver
Negligence Claims And Modification Subject To Arbitration Arbitration; Negligence
Late Site Access Caused Constructive Acceleration Acceleration; Site Access
Contractor Drew Unreasonable Site Condition Inference Differing Site Conditions Existing Structur
Front-loaded Bid Was Nonresponsive Bids-responsiveness
Sealed Bidding Converted To Negotiation Bids-solicitations
Sub Maintains Lien Despite Lack Of Completion Liens; Substantial Completion
Default For Inadequate Progress Overturned Termination-default; Schedule
Job Site Expenses On Changed Work
Prime As "Payment Agent" Violated New York Rule Subcontractors; Payment; Condition Precedent
Architect Approved Payments Despite Lack Of Bond Payment-progress; Architects And Engineers
Job Site Overhead Must Be Calculated Consistently Overhead; Changes-directed
Trade Custom Cannot Alter Express Terms Plans And Specifications
Late Submittal Concurrent With Government Delay Delay-nonexcusable
Owner Relieved Contractor Of Insurance Obligation Insurance; Waiver
Insurer Could Not Enforce Arbitration Clause Against Sub Arbitration; Insurance