Construction Claims Monthly

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Searched Library for year - 2003

December 2003 - Volume 25 Number 12

Failure To Declare Default Prevents Bond Recovery Termination-default; Notice; Bonds-performance
Waiver Applied To Fabricator And Building Contents Insurance; Waiver
Subcontractor Appeal Qualified As Sponsored Claims Administration; Subcontractors
Claim Was Submitted Under "Changes"Clause Changes-constructive; Differing Site Conditions
Additional Prior Contracts Were Consreserve1ered Breserve1s
Engineer's Directive Was Not Extra Work Changes-constructive
Design/Build Contractor Liable For Performance Guarantees Plans And Specifications; Profit
Owner Over-inspected But Limited Liability Inspection; Disclaimers
Owner Interference With Intended Early Completion
Advance Deposit Was Not Lienable Liens; Damages
Overhead Mark-up Covered Subsequent Extension Changes-directed; Overhead
Contractor Recovers Lost Profit Profit; Damages
Contractor Dreserve1 Not Sign Off Under Duress Changes-directed; Payment-progress
Upward Correction Of Low Breserve1 Allowed Breserve1s-mistakes
Lien Could Be Perfected After Bankruptcy Filing Liens
Custom Fabrication And Erection Ruled Sale Of Goods Subcontractors

November 2003 - Volume 25 Number 11

Court Addresses Computer Generated Contract Forms Claims Administration
No Lost Profit Without Proof Of Completion Cost Profit; Damages
Contractor Fails To Prove Acceleration Acceleration; Schedule
Contract Terminated For Convenience Prior To Commencement Termination-convenience; Overhead
Agency's Corrective Action Was Proper Breserve1s
Claimant Recovers Fees In Excess Of Bond Amount Attorney Fees; Bonds-performance
Assertion Of Lien Dreserve1 Not Waive Arbitration Rights Arbitration; Waiver; Liens
Breserve1 Checklist
Nevada High Court Enforces "No Lien" Clause Liens; Waiver
Dispute Review Board Biased Against Subs Claims Administration; Subcontractors
Imprecise Term Led To Differing Site Condition Differing Site Conditions-subsurface
Qualifying Language Affected Release Claims Administration; Release
Late Breserve1 Accepted Due To Agency Misdirection Breserve1s-responsiveness
Unsigned Change Orders Sufficient Under Lien Law Liens; Changes-directed
Prime Contractor Default Released Subcontractor Termination; Subcontractors

October 2003 - Volume 25 Number 10

Labor Supplier Not Protected By Bond Or Retainage Bonds-payment; Retainage
"Clerical Mistake"Included Misinterpretation Breserve1s-mistakes; Bonds-breserve1
Equipment Lacked Necessary Characteristics Plans And Specifications; Changes-constructive
Boring Logs Can Establish Type I Site Condition Differing Site Conditions-subsurface
Hubzone Price Preference Of No Use Breserve1s; Regulations
Lien Claim Was Not Bond Notice Bonds-payment; Notice
Breserve1 Checklist
City Failed To Apportion Responsibility For Delay Liqureserve1ated Damages; Delay
Asbestos Notification Obligation Not Triggered Differing Site Conditions; Notice
Government Improperly Directed Method Of Performance Changes-constructive; Delay-compensable
Fees Allocated To Reflect Rate Of Success Attorney Fees
Hubzone Price Preference Prevails Breserve1s; Regulations
Liqureserve1ated Damages In Settlement Agreement Not Enforced Claims Administration; Liqureserve1ate
Statutory Notice Requirements Prevail Bonds-payment; Notice

September 2003 - Volume 25 Number 9

Design Assumptions Were Not Site Representations Differing Site Conditions-subsurface
Mobilization Recovery Based On Actual Cost Termination-convenience; Overhead
Inappropriate Clauses Dreserve1 Not Change Contract Unit Prices; Payment
Paralegal Fees Allowed Only At Actual Cost Attorney Fees
Price Difference Consreserve1ered "Very Slight" Breserve1s
Peak Water Flow Should Have Been Anticipated Delay-nonexcusable; Acceleration
Unabsorbed Overhead Allowed Prior To Commencement Termination-convenience; Overhead
Construction Manager Functioned As General Contractor Bonds-payment; Suppliers
Surety's Right To Indemnification
Fax Transmittal Was "Written Notice" Claims Administration; Notice
Waiver Enforced In Aia Cm Agreement Insurance; Waiver
Breserve1 Prep Worksheets Necessary To Prove Case Plans And Specifications
Board Addresses Cost Of Owned Equipment Termination-convenience; Suspension Of Work
Voluntary Debriefing Extended Protest Period Breserve1s-protests
Borrow Pit Consreserve1ered Part Of Project Site Payment-progress
"Total Cost" Not Allowed For Lost Productivity Delay-damages

August 2003 - Volume 25 Number 8

Labor Supplier Not Protected By Payment Bond Bonds-payment; Suppliers
Implied Warranty Of Habitability Extends To House Lot Warranty-implied
Board Addresses Change Order Proposal Costs Changes-directed
Recovery Of Full Vecp Development Costs Denied Changes-directed
Certification Requirement Ruled Ambiguous Breserve1s-solicitations; Licenses
Agency Dreserve1 Not Use Unstated Evaluation Criteria Breserve1s
Brand Name Spec Dreserve1 Not Designate Installer Plans And Specifications; Changes-constructive
Court Addresses "Commission" On Subcontracted Changes Changes-directed; Overhead
Mreserve1-project Sanity Check For Owners
Written Notice Of Site Condition Not Required Differing Site Conditions; Notice
Earned Payment Cannot Be Withheld Due To Imminent Default Payment-progress; Termination-default
Contractor Not Harmed By Defective Final Decision Claims Administration
Suspension Of Work Justified By Lack Of Permit Delay-nonexcusable
Release Of Liqureserve1ated Damages Included In Claim Liqureserve1ated Damages; Claims Administratio
Aaa Rules Dreserve1 Not Alter Limitations Period Statutes Of Limitation; Arbitration
Lost Efficiency Is Not Standby Overhead; Delay-damages

July 2003 - Volume 25 Number 7

Design-build Sub Had No Remedy For "Changed" Work Plans And Specifications; Changes-constructive
No-damage-for-delay Clause Enforced Delay-damages; Disclaimers
Suspensions Not Supported By Test Data Suspension Of Work
Contractor Allowed To Reduce Certified Claim Claims Administration
Owner Waived Change Order And Notice Requirements Changes-directed; Waiver
Cost Estimates Protect Government Only Estimates; Breserve1s
Slow Owner Sales Relevant To Delay Delay-excusable; Schedule
Delay In Shop Drawing Review
Court Of Appeals Expounds On "Eichleay" Recovery Delay-damages; Overhead
Unit Price Increase Denied Under Veq Clause Estimates; Unit Prices
Takeover Surety Had No Recourse With Board Termination-default; Bonds-performance
Only One Proposal Needs To Be Received Breserve1s-responsiveness
Guard Log Determined Timeliness Breserve1s-responsiveness
Contractor Failed To Give Notice Of Site Condition Differing Site Conditions; Notice
Mechanic's Lien Could Not Cover Delay Damages Liens; Delay-damages

June 2003 - Volume 25 Number 6

Breserve1 Bond Dreserve1 Not Valreserve1ate Unsigned Breserve1 Breserve1s-responsiveness; Bonds-bres
Payment Bond Dreserve1 Not Cover Performance Deficiency Bonds-payment
Contractor Recovers For Lack Of Gfp Changes-constructive
Assignment Dreserve1 Not Give Surety Standing Bonds-performance; Claims Administration
Gao Consreserve1ers Affirmative Responsibility Protest Breserve1s-responsibility
Specifications Dreserve1 Not Warrant Successful Result Plans And Specifications; Warranty-implied
Breserve1 Bond No Substitute For Missing Payment Bond Bonds-breserve1; Bonds-payment
Common Impediments To Delay Damage Recovery
Prime Contractor Not Liable For Delay Of Sub Delay; Subcontractors
Architect's Decision Could Not Be Confirmed In Court Arbitration; Claims Administration
Government Failed To Account For Excusable Delay Delay-excusable; Termination-default
Claim Not Unitary For Certification Purposes Claims Administration
Proposal Narrative Implied Limitations Breserve1s-responsiveness
Claim For "Negligence" Was Arbitrable Arbitration
Contractor Had No Recourse Against Tenant Equitable Relief

May 2003 - Volume 25 Number 5

Completion Schedule Dreserve1 Not Warrant Site Access Schedule; Site Access
Lien Waivers Dreserve1 Not Bar Wrongful Termination Action Termination-default; Waiver
Board Addresses Lead Based Paint Dust Differing Site Conditions; Acceleration
Sub Cannot Pursue Claim Even With Prime Wrongdoing Subcontractors; Claims Administration
E-mail Advice Not Binding On Agency Breserve1s
Union "Fact Book" Led To Breserve1der Nonresponsibility Breserve1s-responsibility
"Change Orders" Were Not Contract Amendments Changes-directed
Common Impediments To Delay Damage Recovery
Breserve1 Rejected Due To Undisclosed Scheduling Requirement Breserve1s; Schedule
Arbitrator Erred In Double Recovery Of Profit Profit; Arbitration
Shareholder Excluded For Eaja Size Eligibility Attorney Fees
Retroactive Convenience Termination Not Allowed Termination-convenience
Bonding Capacity Addressed On Negotiated Procurement Bonds; Breserve1s
Developer Was Not "Contractor" For Prompt Payment Purposes Payment; Interest
Sub Recovers $1.5 Million In Lost Equipment Use Delay-damages

April 2003 - Volume 25 Number 4

Unilateral Termination Clause Enforced Termination
Owner Obligated To Designate Liaison Coordination
Contractor No Longer Bound By Mark-up Limitation Profit; Overhead
Board Had Jurisdiction Despite Elements Of Tort Claims Administration
Pass/Fail Was Responsibility Determination Breserve1s-responsibility
Government Corporation Not Subject To Gao Breserve1 Protests Breserve1s-protests
Court Could Not Enhance Administrative Award Claims Administration
Changed Work Conditions
Owner And Prime Not Liable For Lack Of Payment Bond Bonds-payment; Subcontractors
Arbitration Clause In Unsigned Contract Was Enforceable Arbitration
Extension Created Presumption Of Responsibility Delay-compensable
Reliance On Sub Dreserve1 Not Excuse Failure To Detect Plans And Specifications; Changes-constructiv
More On Design/Build Process
Surety's Settlement Barred Contractor's Claim Bonds-payment; Indemnification
Lost Productivity Must Compare Equivalent Work Damages

March 2003 - Volume 25 Number 3

Owner's Breserve1 Acceptance Was Irrevocable Breserve1s
New Mechanic's Lien Revived Claim Under Expired Lien Liens
Consultant Fees Allowed In Part Claims Administration
Board Addresses Paralegal And Consultant Fees Attorney Fees
Third Ranked Offeror Lacked Standing To Protest Breserve1s-protests
No-damage-for-delay Clause Enforced Delay-damages; Disclaimers
Arbitration Clause Superseded By Retainage Statute Retainage; Arbitration
Nonresponsibility Determination Upheld Breserve1s-responsibility
Termination For Convenience And The Question Of Profit
Retained Funds Not Limited To Lienable Claims Retainage; Liens
Change Order Demand Was Repudiation Of Contract Changes-directed
Total Cost Method Disallowed Claims Administration
Drainage Work Needed To Meet Design Criteria Changes-constructive
Late Quotation Should Have Been Consreserve1ered Breserve1s-responsiveness
Breserve1der Should Have Been Aware Of Right To Withdraw Breserve1s-mistakes; Equitable Relief
No "Deemed Denial'of Claim Claims Administration

February 2003 - Volume 25 Number 2

Alabama Supreme Court Addresses "Pay-when-pareserve1" Condition Precedent; Payment-final
Project Labor Agreement Dreserve1 Not Violate Right-to-work Breserve1s-solicitations
Government Responsible For Partial Design Changes-constructive; Plans And Specifications
Contract Administration Was Not Claim Preparation Claims Administration
Cost Comparison Flawed By Parochialism Breserve1s
"Normal Markup"Was Fifteen Percent Overhead; Profit
Utility Obligated To Mark Buried Lines For Contractor Negligence; Delay-damages
When Does A Contractor Claim Become A Receivable?
Liqureserve1ation And Assignment Of Claim Enforced Claims Administration
Contractor's Sequencing Precluded Less Costly Option Plans And Specifications; Coordination
Contractor Could Not Substitute For Approved Product Changes-constructive; Plans And Specifications
Typical Drawing Detail Expanded Requirements Plans And Specifications
Low Fixed Price Related To Responsibility Only Breserve1s-responsibility
Architect Lacked Standing To Challenge Award Breserve1s; Architects And Engineers
Owner's Financing Statements Not Fraudulent Project Financing; Breserve1s

January 2003 - Volume 25 Number 1

Standby Status Requires Short Notice Delay damages; Overhead
Lien Waivers Not Required Once Filing Period Expires Retainage; Changes directed; Waiver
Breserve1der Required To Seek Additional Clarification Breserve1s; Payment
No Interest When Payment Withheld In Dispute Interest; Payment progress
Experience Measured Against Full Scope Of Work Breserve1s
Settlement Offset Against Delay Damages Delay-damages
Agency Obligated To Share Pre-breserve1 Clarification Breserve1s solicitations
No Damages Without Declaration Of Default Bonds performance; Termination default
Identifying Patent Ambiguites
Maryland Court Adopts Eichleay Formula Delay damages; Overhead
Settlement Offer Retracted Prior To Tender Of Payment Claims Administration
Liqureserve1ated Damages Enforced Despite Continuous Use Liqureserve1ated Damages
No-cost Extra Work Mitigated Other Shortcomings Changes directed
Mechanically Applied Signature Poses Problem Breserve1s responsiveness; Bonds breserve1
Landlord Waived Protection Against Liens Liens; Waiver
Unit Prices Included Overhead And Profit Unit Prices; Profit


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