Construction Claims Monthly

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Searched Library for year - 2008

December 2008 - Volume 30 Number 12

Don't Lean On Mechanic's Liens When Materials Haven't Benfited The Construction
When Owner's Actions Speak Louder Than Words, They May Waive Contract Requirements
Overly Restrictive Delay Damages Clause Falls Apart In Court
$1m Jury Award In Ruptured Pipeline Case Reminds You To Be Really Sure Before You Dig
Your Belief That The Outcome Won't Be Any Different Doesn't Bar A New Breserve1 Review
Govt. Culbable For Failing To Procure Permit Despite Clause Obliging Contractor To Do So
Contractor Wins Full Price For Overruns Thanks To Owner's 'hurry, Get It Done' Attitude


November 2008 - Volume 30 Number 11

Fca Violators' Goal Is To Get Govt. To Open Its Wallet, Rules Supreme Court
Common Site Hazards Don't Legitimize Govt. Emergency Procurement
Don't Waive Your Right To Complain Just To Get Pareserve1: Bring Up Project Problems Before You Sign
Sub Suffers 3 Strikes In Attempt To Exploit No-damage-for-delay Exceptions
No Chance Of Prompt-pay Recovery In Face Ofadverse Contract Findings
Complying With Safety Regs Isn't 'infeasible' If It's Just A Pain In The Neck
Heed Your Paramount Contractual Duty Others' Lesser Violations Won't Negate Your Breach

October 2008 - Volume 30 Number 10

Surprise: Contractor Overturns Insurance Claim Denial Regardless Of Whether Coverage Existed
Ambiguous Bond Backing Scuttles Lowest-breserve1ding Contractor
Sub Fights For Its Right To Removal, But Contract Waiver Clause Is Hard And Fast
Claim Of Unusually Hard Concrete Breaks Through Govt. Denials
Tread Carefully When Contract Specs Call For What's 'typical'
Breserve1ders Beware: Govt. Mistakes Won't Rescue Tardy Breserve1 If You Share Blame
If Breserve1 Solicitations Omit Mandatory Provisions, Speak Up Immediately Or Forget It

September 2008 - Volume 30 Number 9

Tardy Contractor Performance Can Merit Default Termination But Excuses Shall Be Heard
Prime Contract's Adr Provision Can't 'flow Down' To Subcontract Without Explicit Instruction
Shore Up A Cry Of Bad Faith By Putting Money Where Your Claim Is
Be Sure You're Seeing Real Contract Discrepancies Before You Put Your Reading To The Test In Court
Asbca Checks Govt. For Abuse Of Power To Terminate
Low Price Doesn't Always Speak Volumes To Evaluators, Neither Does Subtlety
Tort Claim Won't Stick To A Contractor Who Wasn't Acting For Its Own Gain

August 2008 - Volume 30 Number 8

Federal Contractors Can Now Lose Out On Projects, Be Debarred For Tax Delinquencies
Govt Interference Fouls Contractor's Best Effort To Play By The Rules
Economic Loss Doctrine Keeps Surety From Shirking Bond Liability
Subcontractor's Non-compliant But Substantial Performance Excuses Contract Breach
Contractor Slipped Up By Planning For Improper Floor Finish And Then Claiming Extra Costs For Fi
State Pulls Plug On Electrical Contractor, Fails To Prove Faulty Workmanship Cause

July 2008 - Volume 30 Number 7

Don't Say It If You Don't Mean It: Oral Promises Can Break The Bonds Of Nonmodification Clauses
No Change Order, No Problem If Proof Of An Oralagreement Is Sound
Air All Related Grievances At Once Or Risk Being Silenced By 'done Deal' Doctrine
You Can't Claim 'we Dreserve1n't Really Mean It' To Get Out Of A No-damage-for-delay Clause
Delinquent Contractor Loses No-damage-for-delayargument, Subcontractor Wins $2m
Even When All Things Are Not Equal, The Govt. Can Select The Lowest Price And Call It Best Value
Contractor Makes Govt. Pay $6m For Demanding Extrawork Without Granting Extra Time

June 2008 - Volume 30 Number 6

When The 'no' In A No-damagefor- Delay Clause Means 'yes'
Delay-causing Owner Can't Limit The Cure Since Owner Was Itself The Disease
Insurance Co. Need Not Bear Risk Of Damages For A 'wrongful Act' Claim
Contractor Loses $9.5m Payout Contract Under-estimate Is A Mistake, Not An Ambiguity
Confused Contractor Fails To Gain Clarity Or Its Full Pay Check
Unpareserve1 Subcontractor Wins Right To Pursue Claim Against Govt

May 2008 - Volume 30 Number 5

8 Tips To Temper Your Risk With A Differing Site Condition Clause
Counsel's Misconduct Can't Excuse When Contractor's Own Misconduct Is Sufficiently To Blame
Court Denies In-state Venue For Supplier Heavily Involved With Out-of-state Project
Govt. Permitted To Rely On Direct Knowledge Of Contractor's Abilities In Awarding Breserve1
You Can't Claim Surprise For Head-in-the-sand Ignorance Of Site Conditions
Contractor Fails To Raise Govt-caused Delay Damages To The Level Of 'equipment Costs'
When Time Is Of The Essence, Govt. Need Not Seal Its Breserve1s

April 2008 - Volume 30 Number 4

Beware E-mail Pitfalls When It Comes To Proving Your Claim Based On Past Communication
3 Strikes And A Contractor Is Out $50k After Failing To Secure Payment Based On Govt. Contract Discr
Contractor Shows Nonpayment For Alleged Incomplete Work May Be A Contract Breach
Without 'meeting Of The Minds,' Counteroffer Doesn't Establish Contract Acceptance Or Right To P
Subcontractor's Sloppy Breserve1 Drags Risk-taking Contractor Through The Mud
Small Business Protests Breserve1 Criteria Added During Evaluation Process

March 2008 - Volume 30 Number 3

Get Up To Speed On 2007 Changes To Aia A201 General Conditions
Govt.'s Design Misrepresentations Mean $1 Million Pay Day For Contractor
Contractor Seeks Arbitration In Violation Of Contract, Will Have To Pay
Polish Your Grammar Skills: Contractor Barred From Collecting $13m In Delay Damages Because Of A Com
Subcontractor Errs By Fussing Over Paperwork When Its Breserve1 Was Binding
Duress Claim Doesn't Free Subcontractor From Debt Owed To The Government
You Can't Claim Surprise For Head-in-the-sand Ignorance Of Site Conditions

February 2008 - Volume 30 Number 2

Claim Of Reduced Responsibility Due To Contractor Status Doesn't Hold Water
Insurer Can't Un-waive Subrogation Flag Even For Post-construction Damages
After-breserve1 Bargaining Prevents Contractor From Recovering Under Estoppel
Project Completion Doesn't Shield Contractor From Liability
Non-breaching Party Wins Damages Despite Claims That Payment Is Excessive
Evaluator Erred In Choosing Price Over Performance When It Promised To Pick The 'best Value'
Letter Accepting Contractor's 'experience' Doesn't Entitle It To Lost Profits After Rejection
Invest In Tech Compliance Now, Or E-discovery Could Cost You

January 2008 - Volume 30 Number 1

2007's New Laws Limit Enforceability Of Clauses, Benefit Subcontractors
Proactive Safety Oversight May Open General Contractor To Negligence Liability
Subcontractor Terminated After Agreeing To Work It Consreserve1ered Problematic
Certifying Just A Little Nonspec Concrete Is Still Fraud
No Complexity Test Needed For Qualification As Subcontractor Under Miller Act
Wording That Releases Litigant's 'further Liability' Doesn't Nix Pass-through Claim
State's Statutory Damages Cap Doesn't Require Assertion


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