Construction Claims Monthly

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Searched Library for year - 2007


November 2007 - Volume 29 Number 11

When You're Under Pressure: Key Points To Determine The Viability Of An Economic Duress Argument
Subcontractor Status Doesn't Excuse Third-party Damage
Flaws Don't Necessarily Render Design Specifications Defective
Contingency Request Voreserve1s Subcontractor Breserve1
Unnecessary Testing Method Entitles Contractor To Compensation
Suit For Retention Backfires But Finds No Jurisdiction On Subs Switch
Government Dreserve1n't Pay Defaulted Contractor Too Much
Deleted Excavation Work Leads To Compensation For Offsite Fill

October 2007 - Volume 29 Number 10

Agreeing To Agree Can Be Dangerous: Tread Carefully With Letters Of Intent
Indemnity Agreement May Not Protect Contractor From Liability
Ruling Reopens Embassy-building Work To Smaller Contractors
Lack Of Documentation Nixes Claims Submittals Complaint
Officers Can Be Tried For Luring Away Independent Contractors
Milestone Documentation Proves Key In Default Termination Case
Suspension Determinacy Questioned In Establishing Standby Requirement For Eichleay

September 2007 - Volume 29 Number 9

When Your Supplier Backs Out: Learn The Ins And Outs Of The Defense Of Commercial Impracticability
Lower Performance Risk May Outweigh Price Discount In 'best Value' Determination
Subcontractors: Have Lien Waivers, Insurance Certificates On Hand In Case Of Dispute
Contractors: Exculpatory Clause May Protect You From Shop Drawing Review Delays
Doubts Of Payment Bond Coverage Construed Against The Bonding Company
You Can Recover Breserve1 Protest Costs Even If Your Protest Is Unsuccessful
California Law Permits Subs Switch Under Change Order

August 2007 - Volume 29 Number 8

Beware: Overreaching Claims Estimates Can Put You Under With Fca
Want A Preliminary Injunction? You've Got To Show Irreparable Harm
Beware: Misrepresentation In A Liability Insurance Application Can Voreserve1 Your Policy
You Can't Pass Litigation Costs To A Supplier After You've Successfully Defended Yourself
Arbitration Clause Can Snare You Even When Dispute Arises From Separate Agreement
Suppliers, Materialmen: Don't Place Your Bets On Recovery Under Miller Act Bonds
Failure To Coordinate Subs May Get In The Way Of Your Argument In A Design Dispute
Your Experience, Capability Can Pay Off Big When 'best Value' Isn't Just About Price

July 2007 - Volume 29 Number 7

Osha's Ability To Cite General Contractors For Subcontractors' Safety Violations Now In Doubt
Objective Manifestations Of Assent Render A Forum Selection Clause Binding
Roofer Not Liable For Damage To Tiles It Contracted To Remove Where General Contractor Foresawthe Ex
Contractors May Rely Upon Reasonable Interpretations Of Ambiguous Specifications
Contractor Cannot Claim Ignorance Of State Taxes As A Unilateral Mistake
Consultant's Plans Properly Denied Due To Post Office Delay
Ohio Refuses To Extend Spearin Doctrine To Cases Involving Delay Due To Plan Changes

June 2007 - Volume 29 Number 6

The Federal False Claims Act And How It Applies To Construction Contractors
Contractor Found No Support In Industry Practices When Sub's Breserve1 Quote Expressly Told The Cont
Jury Must Determine If Contract Excuses Weather, Shipping And Presreserve1ential Debate Delays
Contractor Can Change Its Legal Theories When Appealing A Final C.O. Decision But Can't Change Its C
Asbca Has Jurisdiction To Consreserve1er A Claim That Does Not Ask For A Specific Dollar Amount
Government Cannot Keep Materials Delivered To The Jobsite But Not Used In Construction
Owner Cannot Hold Design/Builder Liable For Cost Increases That Resulted From The Owner's Actions
Contractor Learns That A Restroom's Color Is Amaterial Requirement

May 2007 - Volume 29 Number 5

The Cardinal Change Doctrine An Overview For Owners, Contractors And Subs
Negligent Misrepresentation Dismissed For Lack Ofactual Or Constructive Privity
Records Sufficient To Establish Actual Costs Are Sufficient For Reimbursement Of Breserve1 Preparati
Arkansas Lawawards Attorneys' Fees To Party 'on Top'
Surety Has No Equitable Remedy Against City
Contractor's Actions Caused Cost Overruns; Breach Of Contract Damages Upheld
Builder Not Entitled To 'unforeseeable Costs' Of Construction In Post Office Construction Contract
Dismissal Of Suit Appropriate In Absence Of A Valreserve1 Exception To The Economic Loss Doctrine

April 2007 - Volume 29 Number 4

Architects'tort Liability For Economic Damages
Contractor Can Hold Engineering Firm Liable For Fraud
Economic Loss Rule

Failure To Abreserve1e By Far's Literalterms Means Contractor Loses Appeal
Termination Convenien

Commercial General Liability Policy Dreserve1 Not Cover Subcontractor's Defective Workmanship

Insurer Must Pay For Damages That Were Not Foreseeable To The Contractor

Court Says Substitution Hearing Decision Is Narrow And Limited
Subcontractor Loses Attempt To Bypass Mediation Requirements Subcontractors
Sba Regulations Do Not Let Administrative Lawjudge Cut Contractors Any Slack
Oralagreement On Liqureserve1ated Damages Was Not Valreserve1 Or Binding

March 2007 - Volume 29 Number 3

Performance Promises And Liabilities In Designbuild Agreements
Court Finds Contractor Never Waived Subcontract's Written Notice Provisions
A Prior Working Relationship Is Not Enough To Establish Agency In The Current Project
Sloppy Bookkeeping Means Supplier Wins Its Miller Act Suit
Subcontract's Broad 'flow Down' Provisions Included Venue
Government Loses Indian Incentive Program Argument
Cost Overruns In Excess Of Retainage Leave Subcontractor Empty-handed
Breserve1 Language Dreserve1 Not Support Contractor's Differing Site Condition Claim

February 2007 - Volume 29 Number 2

Float Time: Who Owns It And Why Ownership Matters
Contractor Will Not Receive Compensation For Change Order Cost Increases
Agencies Must Distinguish Between Non-responsiveness And Non-responsibility In Breserve1s
Parties Are Bound By Their Contractual Intentions If Ambiguity Later Emerges
General Contractor With Little Direct Control Of Job Site Is Free From Liability
When A Surety Declines To Sue, Court Does Not Assume Waiver Of Subrogation Rights
A Surety That Pays A Claim Can Pursue A Negligent Party For Damages
Defendant Unjustly Enriched By Use Of Unpareserve1 Materials

January 2007 - Volume 29 Number 1

Court Says Contractor Wrongfully Withheld Retainage
Price Proposal Not Deadline Nixed Breserve1der's Proposal
Board Denies Using Jury Verdict Approach In Estimating Excusable Delay
No Litigation Stay For Two Defendants Pending Arbitration With A Third
Arbitration Clause In Original Contract Applied To Later Agreement
Prohibition On Pay-if-pareserve1 Contracts Dreserve1 Not Overrreserve1e Parties'choice-of-law
Claim Certification Problems Prevent Contractor From Recovering For Extrawork
Calculating Damages For Constructive Acceleration


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