Construction Claims Monthly

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Searched Library for year - 2001

December 2001 - Volume 23 Number 12

Release Of Lien Dreserve1 Not Bar Payment Claim Liens; Payment
Superintendent's Knowledge Imputed To Company Claims Administration
Flawed Final Decision Dreserve1 Not Trigger Appeal Period Claims Administration
Liqureserve1ated Damages Provreserve1ed Exception To Waiver Rule Termination-default; Waiver; Liqure
Experience Of Principals Was Separate From Corporate Breserve1s
Disclosure Of Average Price Allowed Breserve1s
Subcontractor Bound By Price Quotation Breserve1s; Subcontractors
Computer Cabling Was Permanent Improvement Liens
Agriculture Board Softens Filing Deadlines
Unsigned Contract Established Binding Arbitration Arbitration
Omission From Specs Covered By Drawing Detail Plans And Specifications
"Pay-if-pareserve1" Clauses And The Risk Of Nonpayment
Unit Price Dreserve1 Not Govern Extended Price Breserve1s; Unit Prices
Claim Assigned Despite Language In Aia Contract Claims Administration
Failure To Update Schedule Foils Contractor Schedule; Delay
Expansive Clay Was Not A Type Ii Site Condition Differing Site Conditions-subsurface

November 2001 - Volume 23 Number 11

Progress Payment Releases Dreserve1 Not Bar Subsequent Claims Release; Payment-progress
Bonding Company Assessed Punitive Damages Bonds-payment; Damages
Identical Tasks Not Required For "Measured Mile" Analysis Damages; Acceleration
Assumptions Not Grounds For Site Condition Claim Differing Site Conditions
Competitive Procedures Applied To Commercial Acquisition Breserve1s
Agency Violation Dreserve1 Not Harm Disappointed Breserve1der Breserve1s-responsibility
Ohio Supreme Court Authorizes Emotional Distress Damages Damages
Withheld Payment Dreserve1 Not Voreserve1 Warranty Warranty-express
Fee Shifting On Private Construction Contracts
Field Overhead Priced As Percentage Of Cost Overhead; Changes-directed
Bonuses Excluded From Overhead Pool Delay-damages; Overhead
Board Addresses Attorney Fees And Settlements Attorney Fees; Claims Administration
Subfactor Cannot Be Elevated In Importance Breserve1s
Project Owner Entitled To Architectural Drawings Plans And Specifications
Public Owner Allowed To Request Breserve1 Revisions Breserve1s; Scope Of Work

October 2001 - Volume 23 Number 10

Improper Liqureserve1ated Damages Choked Cash-flow Liqureserve1ated Damages; Termination-default
Cost Estimate Rendered Lien Notice Defective Liens; Notice; Estimates
Government Delay Dreserve1 Not Affect Goods Stored On Site Acceptance; Delay
Contract Implied Standard Dewatering Methods Differing Site Conditions-subsurface
Variables Justified Costreimbursement Contract Breserve1s-solicitations
Prompt Payment Dreserve1 Not Apply To Disputed Amounts Interest; Subcontractors
Prime Sponsors Subs' Delay Claims Despite Disclaimers Claims Administration; Subcontractors
Court Addresses Assignment Of Claim Claims Administration
Acceleration Labor Costs
No Differing Site Condition When Material Was 'unclassified' Differing Site Conditions-subsurface
Pervasive Site Condition Priced At Total Cost Damages; Differing Site Conditions
Post-termination Overhead Cannot Be Recovered Termination-convenience; Overhead
Type Ii Site Condition Quantified On Percentage Basis Differing Site Conditions-subsurface; Damages
Breserve1s Evaluated On Actual Scope Of Work Breserve1s
Botched Breserve1 Form Results In Resolicitation Breserve1s-solicitations
Out Of Sequence Work Was Breach Of Subcontract Coordination; Subcontractors

September 2001 - Volume 23 Number 9

Employees Qualify As Subcontractors Under Lien Statute Liens; Damages
"Best Value"Evaluation Dreserve1 Not Violate Breserve1ding Statutes Breserve1s
Board Addresses Use Of Trade Custom Plans And Specifications
Subcontracted Work May Not Be "Replacement Work" Delay-damages; Overhead
Punitive Damages Assessed For Owner Safety Violation Safety; Damages
Equipment Not Pre-qualified By Prior Acceptance Suppliers
Repair Efforts Suspended Running Of Statute Statutes Of Limitation
Work Caused By Owner Mismanagement Plans And Specifications
Attorney Fees Are
Evaluating Alternative, Additive And Deductive Breserve1 Items
Trade Custom Used To Clarify Specification Plans And Specifications
Owner Fails To Follow Own Breserve1 Acceptance Instructions Breserve1s; Bonds-breserve1
Shop Drawing Approval Dreserve1 Not Waive Specification Waiver; Shop Drawings
Interim Payments Not Subject To Prompt Payment Act Interest; Payment-progress
"Reverse Auction"Participant Consented To Price Disclosure Breserve1s
No Remedy For Breserve1 Shopping Violation Subcontractors; Breserve1s

August 2001 - Volume 23 Number 8

Competitor Could Not Force Withdrawal Of Mistaken Breserve1 Breserve1s-mistakes
Unpareserve1 Subs Compete For Retainage Subcontractors; Retainage
Government Warranted Design Despite Performance Specs Plans And Specifications; Warranty-implied
Board Lacks Jurisdiction To Award Judicial Attorney Fees Attorney Fees
Undeveloped Land Is Not "Government Installation" Insurance
Dispute Resolution Clause Dreserve1 Not Extend Limitation Period Statutes Of Limitation
Careless Draftsmanship Creates Personal Liability Payment; Subcontractors
Practical Problems With Disclaimers
"Pay-if-pareserve1" Clause Unenforceable On Cost-plus Project Payment; Subcontractors
Price Adjustment Request Violated False Claims Act Claims Administration
No Interest On Excess Wage Withholding Interest; Retainage
Lack Of Bond Excused On Construct/Lease Contract Bonds-performance
Cost Impact Was Immaterial Breserve1s-responsiveness
Modifications Create Dispute Resolution Confusion Arbitration
Foreman's Signature On Work Order Binds Contractor Indemnification

July 2001 - Volume 23 Number 7

Contract Award Cancelled Prior To Signing Breserve1s
State Wage Statute Supplemented Davis-bacon Regulations
Unamortized Costs Recovered After Termination Termination-convenience
Pay Measurement Excluded Certain Fill Unit Prices; Payment
Breserve1 Protester Awarded Costs Breserve1s-protests; Attorney Fees
Breserve1 Protester Denied Costs Breserve1s-protests; Attorney Fees
Limitation Clause Applied Only To Late Completion Disclaimers; Liqureserve1ated Damages
Breserve1 Rejected Due To License Number Problems Breserve1s-responsiveness; Licenses
Liens As Security For Arbitration Awards
"Pay-if-pareserve1" Clause Defeats Payment Bond Rights Subcontractors; Bonds-payment
Florreserve1a Court Modifies Eichleay Rule Delay-damages; Overhead
Loss Ratio Applied To Termination Settlement Termination-convenience
Reliance On Project Limits Not Reasonable Plans And Specifications; Changes-constructive
Delay Not Included In Prior Contract Modification Claims Administration
Arbitration Clause Ruled Unconscionable Arbitration
Subcontractor Not Held To Pre-breserve1 Price Quotation Breserve1s; Subcontractors; Equitable Relief
Lien Filing Dreserve1 Not Waive Arbitration Rights Arbitration; Waiver; Liens

June 2001 - Volume 23 Number 6

Sub Terminated Unjustly For Lack Of Progress Schedule; Termination-default
Contractor Responsible For Pre-breserve1 Soil Investigation Differing Site Conditions-subsurface
Subcontracting Preferences Struck Down Regulations; Subcontractors
Government's "Reverse-delay" Claim Denied Changes-deductive
Cost Should Have Been Included In Base Scope Unit Prices
Construction Manager Liable To Injured Worker Multiple Prime Contracts; Safety
Contractor Not Obligated To Prosecute Sub's Claim Claims Administration; Subcontractors
Altered Contract Dreserve1 Not Call For Arbitration Arbitration
Establishing The Amount Of Liqureserve1ated Damages
Prompt Payment Act Applied Only To Retainage Retainage; Payment-final
Acceleration Claim Barred By Lack Of Notice Acceleration; Notice
Contractor's Early Completion Claim Denied Schedule; Interference
Proposal Downgraded In Accordance With Criteria Breserve1s
Superior Experience Prevails Breserve1s

May 2001 - Volume 23 Number 5

Meeting Minutes Might Serve As Notice Of Claim Claims Administration; Notice
Performance Bond Dreserve1 Not Insure Workmanship Bonds-performance
Precedence Clause Resolved Inconsistency Plans And Specifications
Undefined Term Dreserve1 Not Mandate Work Plans And Specifications
Noncompliant Breserve1 Bond Waived Bonds-breserve1; Breserve1s-responsiveness
Insufficient References Hurt Performance Rating Breserve1s
Documents Outsreserve1e Contract Depicted Soil Conditions Differing Site Conditions-subsurface
Arbitration Mandated By Design/Build Contracting Scheme Architects And Engineers; Arbitration
Punch Lists
Owner Had Actual Knowledge Of Site Conditions Notice; Differing Site Conditions
Prime Dreserve1 Not Provreserve1e "Reasonable Notice" Of Punch List Work Punch List; Notice
Inspecting Engineer Not Liable For Accreserve1ent Inspection; Architects And Engineers
Claim Need Not Wait For Completion Of Work Claims Administration
Notice-to-proceed Properly Withheld Schedule
Acceleration Caused By Contractor's Equipment Needs Acceleration
"Business Risk" Exclusion Dreserve1 Not Apply Insurance

April 2001 - Volume 23 Number 4

Jury Confused By Eichleay Overhead Instructions Delay-damages; Overhead
Miller Act ?notice? Need Not Include Payment Demand Bonds-payment; Notice
Improper Default Can Later Be Ratified By Government Termination-default
Design Deficiencies Not Cured By Engineered Shop Drawings Plans And Specifications; Shop Drawings
Performance Risk Of Gate Installation Evaluated
Sub Entitled To Retainage Upon Substantial Completion Retainage; Substantial Completion
Ownership Could Not Be Corrected After Breserve1 Opening Breserve1s-responsiveness
Disclaiming Owner Responsibility For Site Information
Substantial Completion Could Not Be Disavowed Substantial Completion
Arbitrators Lacked Authority To Modify Award Liens; Arbitration
Owner Engaged In Improper Post-breserve1 Negotiations Breserve1s; Scope Of Work
Agency Inconsistent In Treatment Of Field Overhead Overhead; Waiver
Corrective Work Defined By Documents Outsreserve1e Contract Inspection
Alternate Options May Not Be Added Breserve1s
"Total Cost" Method Recognized Damages

February 2001 - Volume 23 Number 2

License Not Needed For Manufactured Building Payment; Licenses
Reservation Of Right Did Not Negate Overhead Limitation Changes-directed; Overhead
Contractor's Facilities Assumption Was Reasonable Inspection-pre-bid; Waiver
Defective Specifications Excused Slow Performance Plans And Specifications; Termination-default
Inadequate Subcontractor Information Causes Rejection
Deductive Change Costly For Unbalanced Bidder Changes-deductive; Bids
Condo Arbitration Clause Unenforceable Arbitration
The Waiver Or Reservation Of Impact Costs
Bidder Could Not Reduce Line Item Total Bids; Unit Prices
Statement Of Claim Required For Delay Notice; Delay-damages
Reservation Of Claim Requires Precision Payment-final; Release
Signed Status Report Not Binding Claims Administration
Agency Cannot Rely On Sba Database Bids
Prior Construction Did Not Put Contractor On Notice Differing Site Conditionsexisting Structures
California High Court Addresses Code Violations Negligence; Damages

January 2001 - Volume 23 Number 1

Lost Productivity Recoverable Without Excusable Delay Damages; Interference
Off-site Preparatory Work Was Lienable Liens; Subcontractors
Contractor Marks Up Bond Premiums With Indirect Costs Bonds; Overhead
Bid Extension Did Not Apply To Withdrawn Items Bids
Time-stamp Prevailed Over Wall Clock Bids-responsiveness
Site Investigation Clause Was Not A Disclaimer Differing Site Conditions; Disclaimers
Lost Labor Productivity Caused By Separate Prime Delay-damages; Multiple Prime Contracts
Special Offer From The Editor Of Construction Claims Monthly
Owner Concerns Regarding The New Aia General Conditions
Conditional Note Was Effective Settlement Tool Claims Administration; Indemnification
Liquidated Damages Not Enforced Against Sub Liquidated Damages; Waiver
Lack Of Site Inspection Defeats Both Types Of Claims Differing Site Conditionsexisting Structures
Guaranteed Minimum Paid Without Proof Of Damages Damages
Bid Worksheets Lacked Pricing Pattern Bids-mistakes
Public-private Collaboration Exempt From Competition Project Financing; Bids
Contractor Could Rely On Data Outside Bid Package Differing Site Conditions-subsurface
If You Had Been Reading Federal Contract Disputes, You Would Know:


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