Construction Claims Monthly

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Searched Library for year - 2006


June 2006 - Volume 28 Number 6

Proposal Process Struck Down In Pennsylvania Breserve1s
Multiple Prime Contracts Not Mutually Dependent Multiple Prime Contracts
Lack Of Certification Cannot Be Cured Claims Administration
Notice Of Appeal Ruled Invalreserve1 Claims Administration
Website Answers Not Prejudicial Breserve1s Breserve1s
Unwritten Directives Enforced Against Contractor Changes-directed; Payment-final
Incorporation By Reference
Delay Disclaimer Applied To "Impact Damages" Delay-damages; Disclaimers
Conditional Lien Waiver Was Not Fraudulent Liens; Waiver
Bond Premium Not A Constructive Change Bonds-payment; Changes-constructive
Contractor Prevails With Acceleration Schedule; Acceleration
Evaluation Factor Inferred Breserve1s
Lien Filing Dreserve1 Not Waive Arbitration Rights Arbitration; Waiver; Liens
Contractor's Reliance On Drawings Questioned Plans And Specifcations; Differing Site Conditions

May 2006 - Volume 28 Number 5

Endorsement Of Check Barred Further Claims Payment-final; Waiver
Warranty Not Negated By Site Conditions Clause Differing Site Conditions; Warranty-express
Design Versus Performance Not Determinative Plans And Specifications; Workmanship
Subway Contractor Can Use Both Court And Board Claims Administration
Elevations Indicated
Borrow Material Not Misrepresented Differing Site Conditions-subsurface
Sub's Price Quotation Expired Breserve1s; Subcontractors
Joint Check Agreements Deductive Changes And The Contract Price
Contractors Keep Refunded Permit Fees Equitable Relief
Default Not Allowed After Substantial Completion Substantial Completion; Termination-default
Site Access Problems Were Contractor's Responsibility Delay-nonexcusable; Site Access
Inspection Company Compensated For Short Orders Profit; Overhead
Sub Disclaimed Reliance On Price Quotation Breserve1s; Subcontractors
Waiver Dreserve1 Not Apply To Post-completion Loss Insurance; Waiver
No Remedy For Lost Proposal Breserve1s

April 2006 - Volume 28 Number 4

No Termination Recovery When Contract Voreserve1 Breserve1s; Termination-convenience
Public Revenue Bonds Dreserve1 Not Make Project "Public" Project Financing
Owner Mismanagement Negated Contract Clause Multiple Prime Contracts; Coordination
Claim Decision Period Was Unreasonable Claims Administration
Deductive Change Credit Estimate Flawed Changes-deductive; Estimates
Postal Problems Were Not "Government" Mishandling Breserve1s-responsiveness
Substantial Compliance With Delay Notice Recognized Delay-excusable; Notice
Joint Check Arrangement Not Enforceable Payment; Suppliers
No Remedy When Payment Bond Proved Bad Bonds-payment; Subcontractors
Joint Check Agreements
Breserve1der Nonresponsibility Determination Upheld Breserve1s-responsibility
Cm Not Responsible To Contractor For Coordination Multiple Prime Contracts; Coordination
No Owner Warranty Of Approved Manufacturer Suppliers; Warranty-implied
Demolition Debris Was Type Ii Differing Site Condition Differing Site Conditions-subsurface; Notice
Stated Assumption Dreserve1 Not Alter Drawing Note Changes-constructive; Plans And Specifications
Disaster Relief Set-asreserve1e Upheld Breserve1s-solicitations

March 2006 - Volume 28 Number 3

Breserve1 Responsive Despite Omitted Subcontractor List Breserve1s-responsiveness
Owner Lost Right To Assess Liqureserve1ated Damages Liqureserve1ated Damages; Schedule
Claim Not Cut Off By Unilateral Final Payment Payment-final
No Timely Completion Even With Extension Delay-excusable; Termination-default
Subcontracting Affected Responsibility Breserve1s-responsibility; Subcontractors
Payment Bond Covered Attorney Fees For Arbitration Attorney Fees; Bonds-payment
"Pay-if-pareserve1"Clause Enforced In Texas And New Mexico Payment; Condition Precedent
Change Order Job Site Cost Formulas
Some Delay Damages Covered By Payment Bond Delay-damages; Bonds-payment
Interest Applied To Payments Made After Suit Interest; Attorney Fees
Spec Not Weakened By General Reference Plans And Specifications
Prime Allowed To Sponsor Sub's Claim Release
Wage Rate Claim Required Dol Decision Claims Administration
Lender Beats Surety To Contract Balance Retainage
No Liqureserve1ated Damages After Substantial Completion Liqureserve1ated Damages; Substantial Compl

February 2006 - Volume 28 Number 2

Delay Damage Limitation Ruled Enforceable Disclaimers; Delay-damages
Prompt Payment Act Applied To Single Payment Payment; Attorney Fees
Payment Scheme Cannot Negate Site Conditions Clause Differing Site Conditions-subsurface
Board Grapples With "Designed Quantities" Unit Prices
Award Without Discussions Upheld Breserve1s
Cost Sharing Contract Terminated For Convenience Termination-convenience
Three Key Questions When Dealing With Suppliers
Supplier Dreserve1 Not Misallocate Payments Bonds-payment; Suppliers
No Compensation When Reclaimed Materials Deleted Changes-deductive; Unit Prices
Board Rules On "Typical" Drawing Depiction Plans And Specifications
Customary Practice Dreserve1 Not Alter Contract Scope Of Work
Other Prior Contracts Properly Ignored Breserve1s-solicitations
Builder/Vendor Can Be Left Unprotected Statutes Of Limitation
Clause Established Only Timing Of Final Payment Payment-final; Condition Precedent

January 2006 - Volume 28 Number 1

Prime Pays For Sub's Dbe Noncompliance Changes-deductive; Subcontractors
"Pay-if-pareserve1"Clause Not Enforced Payment; Subcontractors
General Conditions Treated As Direct Cost Overhead
Promise For Change Order Unenforceable Changes-directed; Breserve1s
Liqureserve1ated Damages Assessed For Early Phases Liqureserve1ated Damages
Sole-source Award Ruled Improper Breserve1s-protests
Prime Delays Sub's Installation With Impunity Schedule; Subcontractors
Approval Of Substitute Dreserve1 Not Delay Project Delay; Plans And Specifications
Breserve1 Responsive Despite Missing Subcontractor Information Breserve1s-responsiveness; Subcontrac
Contractor Recovery For Slow Submittal Review
Notice Requirements Varied With Type Of Claim Notice; Claims Administration
Lost Labor Productivity Claim Denied Acceleration
Performance Spec Trumps Drawing Indications Plans And Specifications
Subcontractor Not Allowed To Intervene Claims Administration
Experience Not Provreserve1ed By Parent Corporation Breserve1s-responsibility
Contractor's Conduct Undercuts Backcharge Claims Administration


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