Construction Claims Monthly

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Searched Library for year - 2005

December 2005 - Volume 27 Number 12

Financial Data Not Consistent With Eichleay Formula Delay-damages; Overhead
Subcontractor Punished For Payment Deal Subcontractors; Payment
No Jurisdiction Over Breserve1-rigging Claim Breserve1s; Subcontractors
Default Termination Upheld Termination-default
Breserve1 Responsive Despite Lack Of Acknowledgment Breserve1s-responsiveness; Breserve1s-solicitati
Power Of Attorney Form Rendered Breserve1 Bond Defective Bonds-breserve1; Breserve1s-responsiveness
Certification Dreserve1 Not Cover Additional Claim Claims Administration; Subcontractors
Notice Of Damage By Separate Prime Was Insufficient Multiple Prime Contracts; Notice
Who Finances Extra Work?
Construction Manager May Be Agent Of Owner Multiple Prime Contracts; Payment
"Pay-if-pareserve1" Clause Dreserve1 Not Shift Risk Of Nonpayment Condition Precedent; Payment
Termination Settlement Proposal Not Timely Termination-convenience
Request For Adjustment Was Not A "Claim" Claims Administration
Government Time Credit Includes Price Credit Changes-deductive
Contractor Misrepresented Excavation Quantities Payment; Unit Prices
Reciprocal Waiver Survives Breach Of Contract Insurance; Waiver
Breserve1 Approval Rescinded Due To Omitted Clauses Breserve1s-solicitations


November 2005 - Volume 27 Number 11

Disclaimer Barred Sequencing Claim Delay-damages; Disclaimers
Lack Of Lien Waivers Precluded Final Payment Liens; Waiver; Substantial Completion
Work Not Constructively Accelerated Acceleration; Delay-excusable
No Deductive Credit For Reduced Bond Premium Changes-deductive; Bonds
Preparation Time Ruled Reasonable Breserve1s-solicitations
Contractor Bound By Surety's Litigation Bonds-payment; Indemnification
Court Asks If Construction Defects Are "Property Damage" Insurance; Workmanship
When Is A Project Substantially Complete?
No Reason To Suspect Breserve1 Mistake Breserve1s-mistakes; Subcontractors
Pricing Information Ruled Trade Secret Suppliers
"Match"Does Not Require Exact Duplication Plans And Specifications
Government Liable For Misdirected Eft Payment Payment-progress
Earlier Contracts Not Consreserve1ered Breserve1s
No Substantial Completion Of Tenant Improvements Substantial Completion
Payment Surety Bound By Joint Check Agreement Bonds-payment; Suppliers

October 2005 - Volume 27 Number 10

General Release Applied To Existing Claims Release; Claims Administration
Wrongful Termination Extinguished Arbitration Arbitration; Waiver; Termination
Owner Pays Dearly For Wrongful Termination Termination-default; Damages
"Responsible Breserve1der" Status Is Not Protected Property Breserve1s-responsibility
No Breserve1 Correction After Contract Award Breserve1s-mistakes; Equitable Relief
Reciprocal Waiver Barred Suit Against Contractor Insurance; Waiver
"No Less Than" Is Not A "Sum Certain" Claims Administration
Project Owner Warranty Of Site Access
Owner Liable For Unrecorded Utility Lines Differing Site Conditions-subsurface
No Administrative Fee On Cost-plus Contract Overhead
Board Applies "Total Cost" Method Estimates; Claims Administration
Board Will Not Duplicate Pending Litigation Claims Administration
Attorney Fees Recovered In Excess Of Cap Breserve1s-protests; Attorney Fees
Expired Lien Mandated Release Of Retainage Liens; Retainage
No Antitrust Recovery For Undercut Breserve1s Breserve1s; Damages

September 2005 - Volume 27 Number 9

Contractor Liable To Sub For Failure To Field Verify Plans And Specifications; Inspection
Florreserve1a Restricts Eichleay Recovery Delay-damages; Overhead
Handling Of Stockpiled Materials Was Not Extra Work Changes-constructive
Contractor Mishandled Hybrreserve1 Specifications Plans And Specifications
Contractor Recovers For Wrongful Termination Termination-default; Damages; Profit
Owner's Nonpayment Dreserve1 Not Involve Retainage Retainage; Attorney Fees
Recovery For Idled Equipment
Last Minute Lien Was Not Economic Duress Liens
Implied Warranty Extended To Subsequent Purchasers Warranty-implied; Workmanship
Contractor Achieves Partial Remission Of Liqureserve1ated Damages Liqureserve1ated Damages; Inspecti
Price Revisions Mandated Schedule Revisions Breserve1s; Schedule
Proposal Lacked Sufficient Technical Detail Breserve1s-responsiveness
Claims Board Not Limited By Appropriations Claims Administration
Sub's Pay Measurement Ruled More Accurate Unit Prices; Claims Administration

August 2005 - Volume 27 Number 8

Florida High Court Addresses Payment Bond Notice Bonds-payment; Notice
Upward Correction Of Low Bid Allowed Bids-mistakes
Contractor Denied Cost Of Defending Payment Claim Attorney Fees; Bonds-payment
Quality Control Directive Was Not A Change Changes-constructive
Gao Had Protest Jurisdiction Over Hybrid Contract Bids-protests
Jilted Subcontractor Recovers Lost Profit Subcontractors; Profit
Prequalification Protest Not Timely Bids-protests
Surety Can Settle Claims Without Consent Bonds-performance; Indemnification
Total Cost Delay Claims
California High Court Clarifies Licensing Law Licenses; Payment
Forfeiture Of Bid Security Ruled Improper Bids-mistake; Bonds-bid
Contractor Recovers For Constructive Acceleration Schedule; Acceleration
Partial Fee Recovery Based Upon
Solicitation Cancelled Due To Price Confusion Bids-solicitations; Unit Prices
Court Interprets
Owner Used Improper Bid Evaluation Factor Bids-responsiveness

July 2005 - Volume 27 Number 7

Contract Award Cancelled Prior To Signing Bids
State Wage Statute Supplemented Davis-bacon Regulations
Unamortized Costs Recovered After Termination Termination-convenience
Pay Measurement Excluded Certain Fill Unit Prices; Payment
Bid Protester Awarded Costs Bids-protests; Attorney Fees
Bid Protester Denied Costs Bids-protests; Attorney Fees
Limitation Clause Applied Only To Late Completion Disclaimers; Liquidated Damages
Bid Rejected Due To License Number Problems Bids-responsiveness; Licenses
Liens As Security For Arbitration Awards
Pay-if-paid"Clause Defeats Payment Bond Rights Subcontractors; Bonds-payment
Florida 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
Subcontractor Not Held To Pre-bid Price Quotation Bids; Subcontractors; Equitable Relief
Lien Filing Did Not Waive Arbitration Rights Arbitration; Waiver; Liens
Arbitration Clause Ruled Unconscionable Arbitration

June 2005 - Volume 27 Number 6

Contractor Responsible For Pre-bid 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
Contractor Not Obligated To Prosecute Sub's Claim Claims Administration; Subcontractors
Altered Contract Did Not Call For Arbitration Arbitration
Establishing The Amount Of Liquidated 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 Bids
Superior Experience Prevails Bids
Construction Manager Liable To Injured Worker Multiple Prime Contracts; Safety
Sub Terminated Unjustly For Lack Of Progress Schedule; Termination-default

May 2005 - Volume 27 Number 5

Supplier To Second-tier Sub Recovers Against Bond Bonds-payment; Suppliers
Bidder Recovers Lost Profit From City Bids-protests; Profit
Drawing Narrowed Spec But Did Not Conflict Plans And Specifications; Changes-constructive
Contractor Could Have Avoided Spatial Conflicts Coordination; Shop Drawings
Amendment Did Not Impose Additional Requirements Bids-responsiveness
Owner Shifted Subsurface Risk To Contractor Differing Site Conditions-subsurface; Disclaimers
Change Order Requirement Waived At Meetings Changes-directed; Waiver
Disappointed Bidder Recovery Of Lost Profit
Contractor Sues Cm Over Master Schedule Schedule; Negligence
Subordination Of Liens Not Enforced Liens; Project Financing
Proprietary Specification Enforced Plans And Specifications; Delay-compensable
Solicitation And Master Specs Interpreted Plans And Specifications
Acknowledgment Did Not Cure Obsolete Bid Schedule Bids-responsiveness
Missing Waivers Did Not Justify Forfeiture Of Retainage Retainage; Waiver; Delay-excusable
Owner Had Actual Knowledge Of Extra Work Changes-directed; Changes-constructive

April 2005 - Volume 27 Number 4

Mechanic's Lien On Condos Had To Be Apportioned Liens
Default Was Exception To "Pay-if-paid" Clause Payment-final; Subcontractors
Cpm Analysis Needed To Establish Shop Drawing Delay Delay-compensable; Schedule; Shop Drawings
Omission Of Clauses Not Determinative Bonds-payment
Proposal Properly Downgraded Bids
Design/Supply Contract Subject To Competitive Bidding Bids; Suppliers
New York Court Enforces Clause Under Florida Law Payment-final; Subcontractors
Change Order Work Was Unit Priced Unit Prices; Acceptance
Weather And Excusable Delay
Addendum Acknowledged Despite Missing Signature Bids-responsiveness
Contractor Gave Supervisor "Apparent Authority" Changes-directed
Long Distance Documents Had To Be Examined Differing Site Conditions-subsurface
No Postponement Of Notice-to-proceed Delay-nonexcusable
Id/Iq Contracts Did Not Shift Unreasonable Risk Bids-solicitations
Contractor Absorbs Subcontract Price Increase Changes-directed; Subcontractors
Supplier Did Not Breach Technical Support Obligation Suppliers

March 2005 - Volume 27 Number 3

Prompt Payment Act Applied Only To Progress Payments Payment; Attorney Fees
Lack Of Site Inspection Not Fatal To Spec Claim Inspection-pre-bid; Plans And Specifications
Contractor Failed To Establish "Equal" Product Plans And Specifications; Shop Drawings
Amendment Did Not Supersede Military Spec Bids-solicitations; Plans And Specifications
Disclosure Restriction Ruins Bid Bids-responsiveness
Agency Took Prompt Remedial Action Bids-protests
Change Order Requests Were Not "Claims" Claims Administration; Payment-final
False Claims Penalty Assessed By Arbitrator Arbitration
A/E Liability For Negligent Misrepresentation
Mechanic's Lien Ruled Constitutional Liens
Contractor Pursues Architect For Misrepresentation Architects And Engineers; Negligence
Deficient Work Not Specifically Referenced Termination-default
Default Justified By Inadequate Lead Abatement Termination-default
State Law Determines Corporate Standing Claims Administration
Assignee Allowed To Recover Against Payment Bond Bonds-payment; Subcontractors
Purchase Order Did Not Govern Transaction Suppliers; Schedule

February 2005 - Volume 27 Number 2

License Required For Protection Of Limitation Statute Statutes Of Limitation; Licenses
Delay Disclaimer Not Voided By Statute Delay-damages; Disclaimers
Concurrent Delay Subsumed By Contract Modification Delay-compensable; Release
Prime Allowed To Sponsor Subcontractor Claim Claims Administration; Subcontractors
Mutually Exclusive Options Included In Evaluation Bids-solicitations
Descriptive Literature Required To Support "Equal" Product Bids-responsiveness; Plans And Specificat
Lien Included Change Order Profit But Not Interest Liens; Profit; Interest
Cost Sharing Survived Convenience Termination Termination-convenience
Withdrawal Of Mistaken Bids
Below-cost Bid Was Not False Claims Violation Bids; Estimates
Owner Not Protected By "No Lien" Clause Liens; Waiver
Design Responsibilities Included Renovation Changes-constructive
Design Did Not Provide Adequate Space Plans And Specifications; Coordination
Additional Components Did Not Force Redesign Changes-constructive
Sub Could Be Held To Quote Despite Known Mistake Bids-mistakes; Equitable Relief
Payment Withheld Due To Unresolved Claims Payment-final; Interest
Bid Nonresponsive Due To Inadequate Subcontracting Efforts Bids-responsiveness; Subcontractors

January 2005 - Volume 27 Number 1

Unlicensed Sub Recovers For Unjust Enrichment Licenses; Payment
Payment Bond Not Limited On Indefinite-quantity Contract Bonds-payment
Defective Final Decision Dreserve1 Not Trigger Appeal Period Claims Administration
Board Had No Authority To Impose Monetary Sanctions Claims Administration; Attorney Fees
Qualification Spoiled Fixed-price Quotations Breserve1s
Prime's Decision Became Binding On Sub Claims Administration; Arbitration
Employee Trust Fund Allowed To Lien Project Liens
No Conflict Between Specification And Special Provision Plans And Specifications; Changes-constructi
Owner Liability For Delay Of Separate Contractors
Sequential Delay Dreserve1 Not Annul Liqureserve1ated Damages Delay-excusable; Liqureserve1ated Dama
Warranty Exclusion Was Nonresponsive Breserve1s-responsiveness; Warranty-express
Construction Standards Imposed Work Requirements Plans And Specifications; Changes-constructive
Substantial Justification Based On Overall Dispute Attorney Fees
Deadline Enforced For Proposal Revision Breserve1s
Board Of Claims Could Not Bring In Construction Manager Multiple Prime Contracts; Claims Administrat
Update On Washington Breserve1 Shopping Statute