Construction Claims Monthly

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Searched Library for year - 2009

December 2009 - Volume 31 Number 12

If It Doesn't Quack Like A Govt. Construction Contract, It's Not One -- Nor Miller Act Protecte
Contractor Couldn't Make Fraud Allegation Stick Where It Failed To Track Sub's Performance
Owner Can't Take Back Final Acceptance Unless Contract Expressly Allows
Sub Terminated For Failure To Complete On Time -- Or In 'reasonable Time'
Contractor Who Threatened Termination Acted In Bad Faith -- And Had To Pay A $9m Price
Subcontract Language Limited The Prime Contract Requirements It Incorporated
Contractor Wins Full Contract Price And Lost Profits Due To Faulty Design
Contractor Proves Govt. Left It To Twiddle Its Thumbs, Secures Eichleay Recovery
A Missing Digit In A Unit Price Is A Correctable Bid Error


November 2009 - Volume 31 Number 11

Private Parties May Terminate For Convenience, But Only To Mitigate Genuine Risk
Owner Can't Skirt Economic Loss And Pin Negligence On Engineer
Contractor Wipes Away 'lingering Stigma'of Past Debarment
Conditions Precedent Don't Necessarily Make Payment An 'if' Proposition
Contractor With No Project Ownership Can't Invalidate Lien
An Email Substantiates Contractor's
Fast-track Design-build Project Slows To A Halt Thanks To Govt.'s Failure To Communicate
'Relative Lack Of Detail' Sinks Bid

October 2009 - Volume 31 Number 10

Shore Up Equitable Adjustment Claims With Real Costs Or At Least Real-world Estimates
Paying All You Can To Subs Doesn't Relieve Duty To Timely And Properly Dole Out Govt.'s Money
Breserve1der Eliminated When It Could Only Prove Emailwas Sent, Not Received
Uncompactable Soilwas A Differing Site Condition, But Contaminated Asphalt Was Not
Design-build Breserve1ders Must Measure Upagainst Selection Criteria Not Non-existent Specs
To Get Pareserve1, Surety Must Inform Govt. Of Contractor Default

September 2009 - Volume 31 Number 9

If You Can Prove A Competitor Isn't Eligible, Don't Wait Until It Wins The Job To Speak Up
Hold Your Breath: Govt. Can Revoke Its Acceptance Of Your Work After Almost A Year
When Making An Equitable Adjustment Claim, Know All The Elements Of Proof
Govt. Played Favorites And Lost It Failed To Address Breserve1 Defects Equally
'any And All Liability' Release Language Could Prevent Cumulative Impact Claims
Differing Site Condition Claim Hangs On Whether Contractor Properly Consreserve1ered Storm Water
Backdating A Bond Doesn't Nullify Govt. Guarantee
Sub Overstayed Its Welcome At Jobsite, Skewing The Timelineeditor's For Proper L

August 2009 - Volume 31 Number 8

If The Govt.Doesn't Star In Your Contract, It's Tough To Hold It Accountable
Liqureserve1ated Damages Are Appropriate When They Fairly Anticipate Actual Damages
Mistake In Contractor Name Invalreserve1ates Entire Mechanic's Lien Statement
$22m Accelerated Work Claim Stalls, Thanks To Overreliance On Project Schedule Promises
Consreserve1er The Context Of Alleged Fraud Before Applying Economic Loss Rule
Informal Communication Of Project Glitches Can Be A Formal Extension Request
Notice Is Not Enough To Force A Public Utilityto Getoutoftheway
Decisions Of The Boards Of Contract Appeal

July 2009 - Volume 31 Number 7

The American Recovery And Reinvestment Act Of 2009: What It Means For You
Equitable Exceptions To 'no Damages For Delay' Clauses Are Very Narrow
Court Floats Novel Calculation Method For Lumpsum Contracts
Word Of Contract Trumps Word Of Mouth no Exceptions, Sort Of
Dispute Resolution Clause In Your Contract Applies To Contract Claims Only
State Law Affords Disappointed Breserve1der No Recourse
Contractor Relieved Of Its Debt When Court Rejects 'shifting Trust'argument

June 2009 - Volume 31 Number 6

A Breserve1 Protest Won't Hold Against An Icy Storm Of'urgent And Compelling Circumstances'
A Claim Against Your Surety May Require Collateral, Even If Claim Will Fail
Beware Of The Terms Of A Passthrough Claims Agreement
Say What You Mean And Mean What You Say: Court Upholds Waiver Of Claims At Contractor's Expense
Three Strikes And You're Still At Bat? The Rules Don't Apply To Sovereign Acts
Decisions Of The Boards Of Contract Appeals
He Sareserve1/She Sareserve1: When The Record Is Unclear, Summary Judgment Will Not Be Granted
Baseless Certified Claim Is A Fraudulant Claim

May 2009 - Volume 31 Number 5

Unsigned Forum Selection Clause Still Has Clout
Forum Selection Clauses Are Usually Enforceable In Construction Contracts
Court Needs To Keep Different Contract Defenses Separate
Pay Attention To Notice Requirements, Even If Other Parties Don't
The Buck Stops Here: Designated Representative Cannot Take Blame For Delay Damages
Risky Business: Economic Loss Doctrine Bars Recovery In Tort
What's Your Policy? Doublecheck Insurance Language To Ensure Full Coverage
Decisions Of The Boards Of Contract Appeals

April 2009 - Volume 31 Number 4

Antibreserve1shopping Law Offers Leeway To Contractors
Pay Attention To Legal Standards And Survive A Motion To Dismiss
Casual Reassurances By Lenders Don't Guarantee Payment
Negligent Installation Of Roof Voreserve1s Warranty
Back To Basics: Stick To Genuine Issues Of Material Fact
Decisions Of The Comptroller General
Sub's Attempt To Delegate Its Statutory Obligations Rejected

March 2009 - Volume 31 Number 3

A Minute Late Is Too Late When Filing Public Breserve1ding Challenges
Avoreserve1 Unclear Agreements To Perform Extra Work
Limits On Clarification Of An Arbitration Award
Look To Ucc When You Can't Agree On Project Deadlines
Decisions Of The Boards Of Contract Appeals
Decisions Of The Comptroller General
Prime Contract's Arbitration Rights Do Trickle Down To Subcontract

February 2009 - Volume 31 Number 2

Prompt Pay Act Will Cough Up Interest, Too if Parties Aren't Choking On A Payment Dispute
Disorganized Owner Could Pay For Delay, Despite Clause
If Not Premature, Protest Could Prevail Against Denial Of Multiprime Contractor Breserve1s
Don't Expect Pay For Sovereign Delay
Decisions Of The Boards Of Contract Appeals
Decisions Of The Comptroller General
Prime Contract's Arbitration Rights Do Trickle Down To Subcontract

January 2009 - Volume 31 Number 1

Missing Electronic Breserve1 underscores need For Careful Etiquette
Contractor Entitled To $1m For Oral Contract Modification That Obstructed Performance
You Won't Squeeze A Penny Out Of Architects & Engineers If No Duty of care Relationship Existed
Calif.Govt.Can't Bar Private Contractors From Public Projects
Damages Provision Gives Govt. Justification To Slap Contractor With $60k Bill For Delays
Payifpareserve1 Contract Gives Contractor Wiggle Room, Requires Sub To Be Patient
Arbitration Clause Can Be Unilateral, But Acting Party Can't Jump To Litigation
Decisions Of The Comptroller General


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