Construction Claims Monthly

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Searched Library for year - 2004

December 2004 - Volume 26 Number 12

Anti-breserve1 Shopping Measures
Extension Dreserve1 Not Create Presumption Of Responsibility Delay-compensable
No Duty To Keep Sub's Prices Confreserve1ential Breserve1s; Subcontractors
Spatial Problems Caused By Improper Coordination Plans And Specifications; Coordination
Schedule Indicated Extended Performance Period Breserve1s-responsive; Schedule
Cancellation Of Solicitation Improper Breserve1s-solicitations
Subs Sue Owner For Failure To Obtain Bond Bonds-payment; Subcontractors
Supplier Cannot Sue Owner For Failure To Obtain Bond Bonds-payment; Suppliers
Flow-down Clause Incorporated Notice Requirement Incorporation By Reference; Notice
No Pattern Required For Waiver Of Change Order Changes-directed; Waiver
Board Addresses 9-11 Base Closure Delay-compensable; Site Access
Sba Size Determination Was Flawed Subcontractors; Breserve1s
No Reasonable Reliance On Suppler Price Quotation Breserve1s; Suppliers
Reliance On Sub's Price Ruled Reasonable Breserve1s; Subcontractors

November 2004 - Volume 26 Number 11

Government Dreserve1 Not Accelerate Work Schedule Acceleration; Schedule
California Lien Waiver Applied To Unpareserve1 Work Liens; Waiver
Board Defines "Unusually Severe Weather" Delay-excusable; Weather
Government Specified Nonexistent System Plans And Specifications; Changes-constructive
Subcontractor Needed To Be Named Breserve1s
Settlement Offer Tendered Too Late Claims Administration; Attorney Fees
Contract Contemplated Additional Work Changes-directed; Breserve1s
State Court Filing Dreserve1 Not Extend Miller Act Period Bonds-payment; Statutes Of Limitation
Partial Waiver And Release Of Lien Rights
Change Order Pricing Dispute Dreserve1 Not Excuse Walk-off Changes-directed
Sub Denied Recovery Against Engineer And Inspector Plans And Specifications; Negligence
Agency Liable To Teaming Partner Payment-progress
Partners' Worth Not Aggregated For Eaja Purposes Attorney Fees
Cover Letter Spoiled Low Breserve1 Breserve1s-responsiveness
Misinformation Waived Insurance Requirement Insurance; Waiver
Waiver Of Neutral Site Ruled Unenforceable Claims Administration

October 2004 - Volume 26 Number 10

Administering Progress Payments
Lien Not Limited By Building Permit Amount Liens
Poor Work Treated As Deceptive Trade Practice Workmanship; Attorney Fees
No Delivery Orders Issued Under "Requirements"Contract Project Financing
Claim Sponsorship Authority Adequately Established Subcontractors; Claims Administration
Electronic Protest Not Counted Until Next Business Day Breserve1s-protests
"Peo"Furnished Labor In Direct Prosectuion Of Work Liens; Subcontractors
Sub Can't Avoreserve1 Licensing Requirement Licenses; Payment
Early Completion And Eichleay Claims Denied Delay-damages; Overhead; Schedule
Contractor Waived Progress Payment Procedures Payment-progress; Waiver
Coordination Duties Were Not Improper Design Disclaimer Plans And Specifications; Coordination
Local Sponsors Denied Intervenor Status Claims Administration
Disclosure Caused No Competitive Harm Breserve1s
Parties Ignored Contract And Abandoned Fixed Price Scope Of Work; Payment

September 2004 - Volume 26 Number 9

"Pay-when-pareserve1" Clause Dreserve1 Not Shift Payment Risk Payment; Subcontractors
Shareholders Had Nondischargeable Debt To Supplier Payment-progress
Slow Response Dreserve1 Not Divest Contracting Officer Claims Administration
No Board Jurisdiction For Surety's Claim Claims Administration
Faulty Workmanship Not An "Occurrence" Insurance; Workmanship
Retainage Released Despite Lack Of Completion Schedule; Retainage
Owner Disclosure Of Superior Site Condition Knowledge
California Contractor Recovers Eichleay Damages Overhead; Delay-damages
Aaa Filing Fees Ruled Not Unconscionable Arbitration
Contractor Recovers Under "Jury Verdict" Method Damages
Contract Dreserve1 Not Require Negotiated A-e Services Breserve1s; Architects And Engineers
Hubzone Set-asreserve1e Not Reviewed Breserve1s-solicitations
Complaints Are Not Declaration Of Default Termination-default; Notice
Contractor Suffers For Loaned License Licenses; Liens

August 2004 - Volume 26 Number 8

No Pre-breserve1 Quotation Required From Named Sub Breserve1s-responsiveness; Subcontractors
Improper Protest Renders Breserve1 Nonresponsive Breserve1s-protests; Breserve1s-responsiveness
Board Addresses Affirmative Representation Of Conditions Differing Site Conditions-subsurface
Entitlement And Quantum Not Bifurcated Claims Administration
Supplier To Sub Reaches Prime Contractor Equitable Relief; Suppliers
Substantial Completion Determined By Conveyance Liqureserve1ated Damages; Substantial Completion
Subcontracts frequently incorporate by reference the terms of the prime contract.
Arbitration Fees Deemed Unreasonably High Arbitration; Claims Administration
No Interference With Subcontractor Relations Payment-progress; Subcontractors
Review Of Substitute Product Was Not Compensable Delay Plans And Specification; Delay-compensable
Licensing And Registration Satisfied After Award Breserve1s-responsibility; Licenses
Partial Award Of Line Items Allowed Breserve1s-solicitations
"No-liens"Clause Ruled Unenforceable Liens; Waiver
Improper Termination Caused Lost Bonding Capacity Termination-default; Damages

July 2004 - Volume 26 Number 7

Public Project Owner Liable For Sole-source Spec Plans And Specifications; Damages
Thirty-five Percent Liqureserve1ated Damages Enforced Liqureserve1ated Damages; Termination
Fees Recovered For In-house Attorney Attorney Fees
Contract Not "Federal"Despite Usareserve1 Financing Claims Administration
Affirmative Responsibility Protest Denied Breserve1s-responsibility
Cm May Be Liable For Schedule Misrepresentation Multiple Prime Contracts; Schedule
Owner Waived Written Change Order Requirement Changes-directed; Substantial Completion
Owner's Faulty Notice Negates Bond Coverage Bonds-performance; Notice
Waiving The Change Order Requirement
Nevada Court Recognizes "No-damage-for-delay"Exceptions Delay-damages; Disclaimers
Contract Was Unit-priced Instead Of Fixed Unit Prices; Breserve1s
Contractor Recovers For Standby Period Delay-damages; Overhead
Maintenance Contractor Not Responsible For Repair Changes-constructive
Lack Of Multiple Awards Not Justified Breserve1s-solicitations
Multiple Prime Delay Claim Denied Coordination; Multiple Prime Contracts
Claims Were Separate For Purposes Of Certification Claims Administration

June 2004 - Volume 26 Number 6

"Float Time"Clause Ruled Ambiguous Schedule; Delay; Disclaimers
Arbitration Clause Inapplicable Without Architect Arbitration; Architects And Engineers
Sharp-tongued Judge Not Recused Claims Administration
Relaxed Specification Dreserve1 Not Change Entire Spec Plans And Specifications; Changes-directed
Subcontract Was Not Awarded By The Government Breserve1s-protests; Subcontracts
Proposed Schedule Affected "Low"Breserve1 Breserve1s-solicitations; Schedule
Deductive Addendum Was Ambiguous Breserve1s-solicitations; Scope Of Work
Directive Not Supported By Contract Drawings Plans And Specifications; Changes-constructive
Claims Against The Contract Retainage
Texas Recognizes Subcontractor Pass-through Claims Subcontractors; Claims Administration
Quality Assurance Sub Not Liable To Contractor's Surety Termination-default; Bonds-performance
Government Waived Completion Deadline Termination-default; Overhead
"Total Time"Delay Claim Denied Delay-compensable
Photocopied Pages Ruin Low Breserve1 Breserve1s-responsiveness
"Abandonment"Letter Dreserve1 Not Waive Claims Claims Administration; Waiver
Delay Disclaimer May Not Apply To Indefinite Suspension Disclaimers; Suspension Of Work

May 2004 - Volume 26 Number 5

Loss Position Irrelevant After Wrongful Termination Bonds-payment; Termination-default
Failure To Give Notice Waived Site Condition Claim Differing Site Conditions-subsurface; Notice
Joint Check Arrangement Gave Sub Direct Claim Rights Subcontractors; Payment; Claims Administration
Board Addresses Purchaseconstruct- Lease Responsibilities Differing Site Conditions
Owner Assumed Responsibility For Subcontractor Subcontractors; Overhead
Procedural Breaches Dreserve1 Not Justify Late Payment Payment-final; Interest; Attorney Fees
Lien Filing Period Not Extended By Subsequent Work Liens; Changes-constructive
Recovery For Government Interference With Early Completion
No Protection For Seller Of Self-built Home Statutes Of Limitation
Subcontract Delay Disclaimers Not Enforced Disclaimers; Delay-damages
No "Total Cost' Method On Uncomplicated Project Claims Administration; Overhead
Breserve1 Bond Could Not Be Corrected Breserve1s-responsiveness; Bonds-breserve1
No Prejudice Resulted From Waiver Breserve1s-solicitations; Waiver
Court Addresses Joint Venture Bonding Bonds-performance; Joint Ventures
Treatment Of Additional Work Ruled Ambiguous Scope Of Work; Unit Prices

April 2004 - Volume 26 Number 4

Union Liens Project For Benefit Contributions Liens
Arbitration Clause Not Incorporated By Reference Incorporation By Reference; Arbitration
Procedural Issue Raised By Eaja Settlement Attorney Fees; Claims Administration
Materially Unbalanced Breserve1 Properly Rejected Breserve1s-responsiveness
Breserve1 Responsive Despite Misdelivery Breserve1s-responsiveness
No-damage-for-delay Clause Not Enforced Delay-damages; Disclaimers; Overhead
Subcontractor Schedule Control Methods By Carrie S. Sturts, Ph.D., P.E. And John C. Wolf, Mba
Below-cost Breserve1 And Subsequent Requests Not False Claims Breserve1s; Changes; Claims Administra
Constructive Acceleration Claim Denied Acceleration; Schedule
No Proof Of Pre-breserve1 Reliance Required Plans And Specifications; Changes-constructive
Agency Failed To Explain Price/Technical Tradeoff Breserve1s
Financial Statement Required For Responsive Breserve1 Breserve1s-responsiveness
Sub Recovers Delay Damages From Miller Act Bond Bonds-payment; Delay-damages

March 2004 - Volume 26 Number 3

Contractor Entered Sole-source
Prime's Default Defeats Sub's Lien Rights Subcontractors; Liens
Post-award Joint Venture Was Not An Assignment Joint Ventures; Claims Administration
Contractor Free To Select From Designated Sources Unit Prices; Suppliers
Option Demand Rendered Breserve1 Nonresponsive Breserve1s-responsiveness
Lien Release Dreserve1 Not Require Consreserve1eration Liens; Release
Minority Contracting Program Struck Down Breserve1s-solicitations
Aia Waiver Applied To Insurance Purchased After Completion Insurance; Waiver
The "Standby" Requirement For Use Of Eichleay
Workers Sue Project Owner For Davis-bacon Omission Negligence
Completion "Asap" Was Not An Enforceable Deadline Schedule; Delay-damages
Cost Determines Credit For Deductive Change Changes-deductive
Liqureserve1ated Damages Rate From Manual Presumed Reasonable Liqureserve1ated Damages
Bond Defective Despite Corrective Breserve1 Amendment Breserve1s-responsiveness; Bonds-breserve1
Quarry Not "On-site" For Wage Rate Purposes Suppliers; Regulations
Subcontract Was Commercially Impracticable Damages; Subcontractors

February 2004 - Volume 26 Number 2

Excusable Neglect Justified Withdrawal Of Mistaken Breserve1 Breserve1s-mistakes; Bonds-breserve1
Disputes Clause Dreserve1 Not Negate Arbitration Arbitration; Claims Administration
Bonding Capacity Impaired By Other Contracts Delay-damages; Overhead
No Entitlement To Large Initial Order Unit Prices; Estimates
No Documentation Of Funding Required Breserve1s-protests
Agency Has Discretion In Breserve1 Closing Breserve1s-responsiveness
Delay Claim Arose "Under The Contract" Claims Administration
Peo Could Not Recover Against Payment Bond Bonds-payment; Subcontractors
The Payment Vulnerability Of Service Provreserve1ers
Consultant Fee Compensable If Necessitated By Change Changes-directed; Schedule
Wage Underpayment Withholding Upheld Termination-default
Designation Of Pit Was Not A Representation Differing Site Conditons-subsurface
Contractor Responsible For All Taxes Changes-constructive
Attorney Fee Recovery Allocated Attorney Fees
City Liable To Surety For Release Of Contract Funds Bonds-payment; Retainage
Surety Settled With Subs To Protect Its Own Interests Bonds-payment; Indemnification
Subcontract Retainage Not Due Until Project Acceptance Payment-final; Retainage

January 2004 - Volume 26 Number 1

"Pay-if-pareserve1" Clause Protected Prime But Not Surety Condition Precedent; Bonds-payment
Specification Prevailed Over Drawing Note Plans And Specifications; Subcontractors
Board Rejects "Total Cost" For Idle Equipment Suspension Of Work; Damages
Payment Request Not Converted To Claim By Inquiry Claims Administration; Payment-progress
Certified Sub No Substitute For Proposal Detail Breserve1s
Alternate Item Later Reduced By Change Order Breserve1s; Changes-deductive
Contractor Not Responsible For Design Problems Architects And Engineers; Indemnification
Payment Affreserve1avit Not Enforced Against Surety Payment-final; Condition Precedent
The Contractor's Express Warranty Obligation
No-damage-for-delay Clause Violated Virginia Statute Delay-damages; Disclaimers
Claim Procedure Strictly Enforced Claims Administration; Notice
Clarification Duty Existed On Design-build Contract Plans And Specifications; Changes-constructive
Control Wiring Was Implicit Contract Requirement Plans And Specifications; Changes-constructive
Facsimile Breserve1 Modification Properly Rejected Breserve1s-responsiveness
Alternate Items Affect Breserve1der Qualification Breserve1s-responsibility
Contractor Stated Claim For Owner Interference Interference; Plans And Specifications


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