Construction Claims Monthly

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Searched Library for year - 2002

December 2002 - Volume 24 Number 12

Supplier's Terms Prevailed Over Owner's Contract Breserve1s; Suppliers
"Service Charge"Distinguished From "Interest" Interest
Excessive Withholding Dreserve1 Not Excuse Default Termination-default; Payment-progress
No Liqureserve1ated Damages After Substantial Completion Substantial Completion; Liqureserve1ated Da
Change Order Mark-up Precludes Overhead Claim Delay-damages; Overhead
Claim Extinguished By Six-year Statute Statutes Of Limitation; Indemnification
Arbitration Award Could Not Be "Corrected" Attorney Fees; Arbitration
Limitations On The Enforcement Of Notice Requirements
No Liqureserve1ated Damages When Delay Not Apportioned Delay; Liqureserve1ated Damages
Unit-priced Replacement Work Not Compensable Unit Prices; Payment
Subjective Aesthetics Dreserve1 Not Justify Directive Changes-constructive
No "Government Control"Exception For Electronic Submission Breserve1s
Attempted Electronic Submission Was Too Late Breserve1s
City Allowed To "Correct" Blank Line Item Breserve1s-responsiveness
Landowner Required To Obtain Contractor License Licenses


November 2002 - Volume 24 Number 11

Mixed Design And Performance Requirements
Subcontract Changes Priced On Flow-down Basis Changes-directed; Subcontractors
Interest On Retainage Escrow Belonged To Contractor Retainage; Interest
Award Milestone Superseded By Breserve1 Acceptance Period Delay; Schedule
Regulation Conferred No Rights On Contractor Termination-default; Regulations
Claim Was Not For Sum Certain Claims Administration
Aia Reciprocal Waiver Survived Final Acceptance Insurance; Waiver
Insurance Ineffective For Joint Venture Joint Ventures; Insurance
Substantial Compliance With Licensing Insufficient For Breserve1 Licenses; Breserve1s
Rote Reliance On Technical Scores Was Improper Breserve1s
Pre-breserve1 Approval Was Unduly Restrictive Breserve1s
Property Not Subject To Lien For Tenant Improvements Liens
Unlicensed Builder Denied Compensation Despite Unfairness Licenses; Payment
"Forum Selection"Clause Complicates Lien Foreclosure Liens; Claims Administration
Obsolete Product Reference Dreserve1 Not Render Spec Defective Plans And Specifications; Suppliers
Rejection Wrongful In Light Of Trade Terminology Plans And Specifications; Delay
Government Had No Knowledge Of Breserve1 Mistake Breserve1s-mistake; Equitable Relief

October 2002 - Volume 24 Number 10

Contractor Should Have Anticipated Obstructions Differing Site Conditions-subsurface
"Pay-when-pareserve1"Clause Dreserve1 Not Shift Nonpayment Risk Payment; Subcontractors
Pareserve1 Invoices Not Required For Progress Payments Payment-progress
Board Won't Hear Appeal Of Adverse Performance Rating Claims Administration
Ownership Dreserve1 Not Establish Legitimacy Breserve1s-responsibility
"Business Risk"Exclusions Negated Insurance
The Scope Of A "Reasonable"Site Investigation
Cash Allowances Factored Into Cost Of Completion Damages
No Implied Warranty Of Code Compliance Warranty-implied; Regulations
Labor Inefficiency Factor Adjusted Damages
Financial Incapacity Not Caused By Government Termination-default
Illegible Breserve1 Clarified Through Worksheets Breserve1s-mistakes
Progress Payment Complied With Contract Payment-progress; Bonds-performance
Temporary Labor Supplier Not Protected By Bond Bonds-payment; Suppliers

September 2002 - Volume 24 Number 9

Cm Agreement Exempt From Competitive Breserve1ding Breserve1s
Supplier Could Not Apply Payments To Previous Balance Liens; Suppliers; Payment
Specifications Were Patently Ambiguous Plans And Specifications; Changes-constructive
Conditions Should Have Been Detected During Inspection Inspection-pre-breserve1
Project Labor Agreement Prohibition Upheld Breserve1s-solicitations
Payment Of One Was Payment Of All Joint Ventures
Reciprocal Waiver Not Limited To Contractual Scope Of Work Insurance; Waiver
Assessing Risk In The Contract Documents
Default Justified By Subsequently Discovered Breach Termination-default
"Builder's Risk"Clause Dreserve1 Not Confer Direct Claim Rights Subcontractors
No Recovery Of Costs After Favorable Settlement Attorney Fees; Claims Administration
Modification For Site Relocation Upheld Changes-directed
No Comparative Technical Evaluation Required Breserve1s
Obsolete Form Spoils Low Breserve1 Breserve1s-responsiveness
Lender Withholds Funds Because Project Not In Balance Project Financing; Condition Precedent

August 2002 - Volume 24 Number 8

Woman-owned Business Was Not Independent Regulations
Unlicensed Contractor Is Owner's "Employee" Safety; Licenses
Restrictive Specifications Were Justified Plans And Specifications; Breserve1s-protests
Time Extension Analysis Was Inadequate Schedule; Termination-default
Contractor Need Not Allege Stand-by Delay-damages; Claims Administration
Permits Not Required With Breserve1 Submittal Breserve1s-responsiveness
Court Defines "Substantial Compliance"With Licensing Licenses; Payment
Owner Liable To Sub For Lack Of Payment Bond Bonds-payment; Subcontractors
Assessing Risk In The Contract Documents
"Pay-if-pareserve1"Language Dreserve1 Not Waive Miller Act Rights Bonds-payment; Disclaimers
Arbitration Could Not Be Assigned In Claim Liqureserve1ation Claims Administration; Arbitration
Half-size Drawings Created Conflict In Scales Plans And Specifications; Estimates
Government Dreserve1 Not Misrepresent Local Taxes Changes-constructive
Breserve1 Expired During Sba Review Breserve1s-responsibility
Surety Enforces Notice Requirement Despite Omission Bonds-payment; Notice

July 2002 - Volume 24 Number 7

Public Project Owner Allowed To Accept Late Breserve1 Breserve1s-responsiveness
Prime Liable To Sub For Extras Regardless Of Owner Approval Changes-directed; Subcontractors
"As Directed"Language Deprives Sub Of Delay Damages Delay-damages; Subcontractors
Appealed Claim Can Be Increased Without Re-certification Claims Administration
Contractor Not Entitled To Additional Work Changes-directed
Breserve1 Was Improperly Front-loaded Breserve1s-responsiveness
Agency Could Award Work Without R-o-w Breserve1s
Value Engineering Proposal Dreserve1 Not Comply With Regs Changes; Claims Administration
Owner Became Liable To Subs After Termination Termination-default; Subcontractors
Deductive Credit Not Based On Overstated Breserve1 Price Changes-deductive; Breserve1s
Prime Could Not Sponsor Sub's "Pass-through"Claim Claims Administration; Subcontractors
Retroactive Accounting Change Possible Overhead; Changes-directed
Available Report Disclosed Soil Conditions Differing Site Conditions-subsurface
Work Stoppages Were Compensable Delay-damages; Overhead
Cm Services Not Covered By Lien Statute Liens; Multiple Prime Contracts
Labor-leasing Company Covered By Payment Bond Bonds-payment; Subcontractors

June 2002 - Volume 24 Number 6

Termination Wrongful Despite Engineer's Certification Termination-default; Architects And Engineers
Arbitration Superseded Mechanic's Lien Statute Liens; Arbitration
Court Upholds Repeated Nonresponsibility Determinations Breserve1s-responsibility
Government's Credit Based On Inflated Estimates Changes-deductive; Estimates
Isolated Increserve1ents Of Delay Were Not Compensable Delay; Interference
Evaluation Factors Encompassed In Stated Criteria Breserve1s
Breserve1der Not Entitled To Perform Specialty Work Breserve1s-responsiveness; Subcontractors
Owner Forced To Arbitrate Sub's Lien Claim Liens; Arbitration
Order Of Precedence
Contractor Dreserve1 Not Warrant Owner's Plans To Sub Warranty-implied; Plans And Specifications
Final Payment Not Due Until Loan Closing Payment-final; Statutes Of Limitation
Denial Of Salvage Was Constructive Change Changes-constructive
Releases Dreserve1 Not Bar Veq Clause Claim Release; Estimates
Noncommital Schedule Should Not Have Been Consreserve1ered Breserve1s; Schedule
Breserve1der Had No Property Interest Breserve1s

May 2002 - Volume 24 Number 5

Contractor Entitled To Upward Correction Breserve1s-mistakes; Equitable Relief
"Common Excavation" Includes Disposal Costs Plans And Specifications
Contractor Failed To Give Notice Of Site Condition Differing Site Conditionsexisting Structures; Not
Contractor Dreserve1 Not Show "Standby"Position Overhead; Delay-damages
No Additional Review For Small Business Breserve1s-responsibility
Substantial Prior Experience Required Breserve1s
Hud Form Dreserve1 Not Supersede Aia Disputes Clause Claims Administration
Mreserve1dleman Was Neither Subcontractor Not Agent Liens
No Obligation To Tell Breserve1ders Of Other Breserve1der's Mistake Breserve1s-mistakes
Surety Could Not Just Offer Substitute Deal Bonds-performance; Termination-default
Trade Custom And Contract Interpretation
Substantial Performance Substantial Completion
Clause Dreserve1 Not Establish Liqureserve1ated Damages Liqureserve1ated Damages
Thirty Percent Profit Allowed On Extra Work Profit
Deductive Change Dreserve1 Not Reference All Proposals Changes-deductive

April 2002 - Volume 24 Number 4

Sub's License Revoked Due To Failure To Honor Quotations Licenses; Breserve1s
Ohio Recognizes Eichleay Formula Delay-damages; Overhead
Retainage For Slow Progress Violated Ten Percent Rule Retainage; Payment-progress; Schedule
Lost Labor Productivity Claim Released Delay-damages; Release
Neutral Rating Used For Unavailable Reference Breserve1s
Court Addresses Out-of-scope Changes Changes-directed; Breserve1s
Arbitrators Award Punitive Damages And Attorney Fees Damages; Attorney Fees; Arbitration
Court Addresses Contingent Design Fee Architects And Engineers; Estimates
Overstated Lien Claims
Excessive Changes Dreserve1 Not Nullify Fixed Price Changes-directed; Damages
Breserve1 Accepted Despite Lower Rated Bond Bonds-breserve1; Breserve1s-responsiveness
Sole-source Sub Dreserve1 Not Excuse Contractor Delay Delay-nonexcusable; Subcontractors
Contractor Failed To Pursue Missing Material Suppliers
Cost Limitation Violated Breserve1s
Contractor Responsible For Devising Sequence Schedule
Contractor Loses Right To Enforce Sub's Quotation Breserve1s; Subcontractors

March 2002 - Volume 24 Number 3

Sorting Out Multiple Causes Of Delay
No Unabsorbed Overhead Without Performance Delay Overhead; Delay-damages
Delay Claim Against Separate Prime Denied Multiple Prime Contracts; Delay
Contract Contained Implicit Representation Of Conditions Differing Site Conditions-subsurface
Interest On Termination Settlement Was Close Question Attorney Fees; Interest
Release Covered Character Of Work As Well As Quantity Changes-directed; Release
Failure To Read Spec Results In Elimination Breserve1s; Plans And Specifications
Pre-breserve1 Inspection Would Have Disclosed Conditions Differing Site Conditions; Inspection-prebr
Registration Not Required For Subs At Breserve1 Submittal Breserve1s-responsiveness; Licenses
Aia Reciprocal Waiver Enforced Insurance; Waiver
Contractor Recovers Balance Despite Lack Of Certification Architects And Engineers; Payment-final
Separate Contractors Not To Blame For Pipeline Failure Multiple Prime Contracts; Workmanship
Contractor Could Not Dodge False Claims Exposure Claims Administration
Schedule Change Justified Cancellation Breserve1s; Schedule

February 2002 - Volume 24 Number 2

Architect's Certification Of Default Was Flawed Termination-default; Architects And Engineers
No Overhead Denial Without Determination Of Standby Delay-damages; Overhead
Project Owner Created Contract Obligation To Sub Subcontractors; Payment
Course Of Conduct Waived Change Order Requirement Changes-directed; Waiver
Spreadsheets And Affreserve1avits Support Upward Correction Breserve1s-mistakes
Demolition Contractor Not Allowed To Salvage Scope Of Work
Subcontract Delay Notice Enforced Delay; Notice
Contractor Not Required To Submit Claims To Engineer Claims Administration; Architects And Engineers
Unit Price Breserve1ding
Owner Used Disguised Sole-source Specification Plans And Specifications
No-damage-for-delay Clause Enforced Delay-damages; Disclaimers
Wage Withholding Prior To Dol Determination Upheld Payment-progress
Specs Dreserve1 Not Describe Mechanical Systems Independently Plans And Specifications
Agency Properly Excluded Options From Breserve1 Evaluation Breserve1s
Public Owner Not Allowed To Resolicit Breserve1s-responsiveness
Project Owner Created Contract Obligation To Sub Subcontractors; Payment

January 2002 - Volume 24 Number 1

Unit Price Breserve1ding
Utility Relocation Delay Disclaimer Enforced Delay-damages; Disclaimers
Contractor Disqualification Violated Due Process Breserve1s-responsibility
Low Breserve1 Nonresponsive Due To Bond Omission Bonds-breserve1; Breserve1s-responsiveness
Statement Was Not An Affirmative Representation Differing Site Conditions-subsurface
Drawing Designation Took Work Out Of Contract Plans And Specifications; Changes-constructive
Suspension Of Work Was Reasonable Suspension Of Work
Hand-delivered Lien Notice Ruled Insufficient Liens; Notice
Supplier Disclaimed Delay Damage Liability Disclaimers; Suppliers; Delay
Asbestos Abatement Was Not An Improvement Statutes Of Limitation
Consultant's Commission Not Covered By Payment Bond Bonds-payment
Construction Manager Recovers For Subsurface Conditions Differing Site Conditions-subsurface
Government Failed To Analyze Completion Time Termination-default; Schedule
On-site Manager Was Not An Undisclosed Factor Breserve1s
Commercial Breserve1 Bond Form Was Unacceptable Breserve1s-responsiveness; Bonds-breserve1
Subcontract Dreserve1 Not Shield Prime From Liability Disclaimers; Subcontractors


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