Construction Claims Monthly

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Searched Library for year - 2010

December 2010 - Volume 32 Number 12

Foreknowledge Of Some Site Risks Doesn't Make You All-knowing
Miller Act Covers Rented Supply
Sub May Get Paid Despite Pay-when-paid Clause Obstacle
Surety Bound By Arbitration Clause In Principal's Subcontract
Duty Of Good Faith Doesn't Apply To 'Completeness' Determination
A Bid That Follows Instructions Isn't Nonresponsive, Despite Errors
Indemnity Agreement Hung On Owner's Default Declaration
Clause Permits Adjustment To'established Prices' Only
17 Years Of Experience Don't Make Up For Poorly Detailed Bid
E-mail Typo Is A Fatal Flaw For Bid Protest


November 2010 - Volume 32 Number 11

You'll Need Precise Specs To Cry 'The Govt. Made Me Do It'
Project Is A 'Public Work' -- And Protected By State Law -- Though The City Didn't Spend A Dime
One Party's Contract Breach Does Not Excuse The Other's
Govt. Favored Value Discount; It Just Didn't Tell Bidders That
Sub Entitled To Payment Despite Parties' Failure To Agree On Price Adjustment
An Accepted Industry Term Is Not An Ambiguous One
'It's Almost Complete' Is Not A Good Argument Against Termination
Faulty Design, Not Unexpected Weak Bedrock, Sunk A Pier
There's No Minor Error In Pass/Fail Test Of Ability

October 2010 - Volume 32 Number 10

NJ Court Won?t Dismiss Defect Claim Despite Destroyed Evidence
Sub Owed No Indemnity Where Contractor?s Specs Led IT Astray
Contractor Can?t Win Quantum Meruit Payday Where Owner Had Change Order Power
Sub Falls For 'OR Equal? Trap Fails To Supply Proper Brand Of Tank Liner
Contractor Can?t Substitute Disgruntled Subs Post-award
Sub Is Entitled To No Damage For Delay" Nor Acceleration
Multiple 'Construction Mistakes? Don?t Add Up To Fraud
Don?t Bid On Best-case Scenario And Expect Pay For Worst-case Reality
Solicitation Wording Speaks Against Baseless Protest

September 2010 - Volume 32 Number 9

Public Entity Liable For Concealing Costly Project Facts Even Without Intent
Design 'Red Flag' Pointed To Unstable Soil, Precluded Site Condition Claim
Contractor Reaps $100k By Calling Building Code Compliance 'Extra Work'
Despite Notice Of Defective Work, Sub Failed To Provide Permanent Fix
Contractor Wins Back Govt. Award It Lost For Alleged Conflict Of Interest
'Teaming Up' With Experienced Contractor Negates Small Biz's Size Eligibility
Big Experience Trumps Small Cost
Specialty Sub's Experience Counts Toward Bidder's Experience
The 'Totality' Of Past Performance Must Include Negative Ratings

August 2010 - Volume 32 Number 8

Outline Intent And Reduce Your Risk Of Design Misuse
No Contract (Oral Or Otherwise), No Breach
Contractor Didn?T Slight Minority Subs If They Never Entered The Competitive Fray
False Site Report Sinks Contractor, Even If It Didn?t Deceive Owner
Sub?s Surety Must Cover Claim Against Construction Manager and Owner
Ambiguous Affidavit Sufficient To Support Design Negligence Claim Against Engineer
Missing Contract Detail Re: Construction Materials May Cost One Party More Than $500,000
Modification That Terms Recovery As Partial? Preserves Contractor?s Right To Future C
Govt-Caused Delivery Delay Doesn?t Bar Bid From Competition
You Can?t Submit New Evidence To Appeal Loss Of Small-Biz Status

July 2010 - Volume 32 Number 7

Merger Clause Relieved 'Build' Sub Of Duty To Perform 'Design' Sub's U
Designers Don't Pay For Negligent Design -- Exceptions Are Rare
City Can't Shift Delay Risk Where It Failed To Properly Plan For Rain
Contractor Survives False Claims Suit Thanks To Methodical Performance
Contract Waived Contractor's Right To Sue, Prompt Pay Act REVIVED It
Pennsylvania Can't Select For Anything But Lowest Price Without Good Reason
Owner Doesn't Pay Extra For Work That Wasn't Beyond The Contract Or Contractor's K
Correction: 'Twisted' No-Damages Clause Shields Owner If Contractor Takes It To Court An
Govt. Should Have Given Bidder A Chance To Rectify Bid Flaw During Discussions
Contractor Who Cried 'Differing Site Conditions' May Eat Extra Dirt It Had To Supply

June 2010 - Volume 32 Number 6

State Lawis Strict: Take Extracare With Claim Notices For Extra Pay
No Expert Needed To Blame Designer For Failing To Satisfy Building Codes
Contractor May Pay For Diverting Work From Sub After Making Verbal Promise Of Exclusivity
City Couldn'T Bar Estimates Where Actual Cost For Time-and Materials Work Was Unavailable
Contract Clause Clouded Distinction Between Property And Liability Insurance
In Ohio, A Contractor May Not 'insulate' Itself From Liability For Delays It Causes
Contractor Lost A $250,000 Payment By Assuming A Condition Precedent Didn'T Apply
Decisions Of The Comptroller General: Losing Bid Includes The 'what' But Not The '
Error May Have Been Clerical, But It'S Effect Was Material And Bid-sinking
Decisions Of The Boards Of Contract Appeal: Despite Confusingand Inconsistent Specs, Contractor Coul

May 2010 - Volume 32 Number 5

Actions Speak Loudly: Conduct Can Extend Acontract Beyond Expiry
Incorporation By Reference Does Not Negate A Pay-when-paid Clause
Plain Pay-if-paid Provision Prevents Payment Until Owner Okays
Don't Embrace An Arbitrator's Authority If You Prefer A Judge's
Contract Bound Owner To Payment Promises An Employee Made With Apparentauthority
Copyright Could Have Protected Design-builder From Competitors Who Stole Its Drawings
Beware Fixed-price Contracts That Don?T Mitigate Cost Overrun Risks
Decisions Of The Boards Of Contract Appeal: Spec Provisions Kept A Fixed-price Contract From Convert
It's Hard To Prove Liquidated Damages Are Too High
Decisions Of The Comptroller General: Govt. Must Document Exactly Why You Didn?T Make The Grad

April 2010 - Volume 32 Number 4

Prepare Now For Rising Tide In Green Building Litigation By Paul D'Arelli, Esq. and Jeffrey S. Wer
Court Has No Power To Fix $700,000 Arbitration Mistake In Contractor's Favor
Prompt Payment Act Doesn't Hang Contractor For Withholding Payment For Defective Work
Design-Build Agreement Entitled Contractor To Neither The 'Design' Nor The 'Build'
Scope-Of-Work Disagreement Leaves Sub Unpaid For Work It Couldn't Prove It Completed
If You Don't Specify 'Project Duration, A Jury May Decide
Decisions Of The Comptroller General: Emailed Bid Bond Is Not An Original Document
Project Schedules Don't Speak For Themselves: Demonstrate How You'll Get The Job Done
Decisions Of The Boards Of Contract Appeal: Changed Work And Unexpected Leaks Win Roofing Contractor

March 2010 - Volume 32 Number 3

Construction Or Design Defect? The Answer Matters To Your Chances At Cash Recovery
No Stop Notice, No Chance To Recover From Owner Who's Already Paid Up
Failure To Properly Supervise Project Is An Error That Stings 10 Years Later
Contractors Are Responsible For Knowing Where Utility Lines Are Buried
Double-check Arbitration Award Amounts Immediately
A Contract Provision Can Waive California's Prompt Pay Statute
'Temporary Settlement' Of Delay Costs Doesn't Prevent Sub From Later Suing For Full Damages
Decisions Of The Boards Of Contract Appeal: 'it's Common Trade Practice'defense Doesn't Justify Nonc
Decisions Of The Comptroller General: An Awardee's Qualification Need Not Be Resolved Prior To Award
If The Govt. Can See Through Your Price Error, You Can Correct It
A Complete Bid Price Includes All Required Fees, Even Hypothetical Ones

February 2010 - Volume 32 Number 2

You May Collect Damages For Improper Termination Procedure, If You Prove Prejudice
Contractors Enjoy Immunity For Carrying Out Congress' Will
Contractor Off The Hook When Phone Company Unreasonably Buries Cables In Harm's Way
Sub's Miller Act Right To Sue A Surety Isn't A Right To Dodge Dispute With The Contractor
Don't Wait To Arbitrate -- Or Waive Your Right To Do So
Internal E-mails Prove Possible Existence Of A Subcontract
Positive Government Inspections Don't Equal Work Acceptance
Typos Create An Identity Crisis Worthy Of Bid Rejection
Corrected Bid Price Comes Awfully Close To Next Lowest, But Not So Close As To Disallow Correction

January 2010 - Volume 32 Number 1

Incorporate By Reference At Your Own Risks Here Are 2 Of Them
Existing Building Codes Are Not Hidden Conditions
A Supplier With No Key Project Involvement Is Not A Sub
Contractor's 'here Comes The Money Truck' Promise To Sub May Have Formed New Contract
Govt. Properly Rejected Tech Proposal For Safety Concerns And Inexperience
Supervising Contractors' Silence Constitutes Agreement To Changed Work
Sub Doesn't Pay For Contractor-caused Delay Even Though It Sub Doesn't Pay For Contracto
Many Small Past Projects Don't Add Up To Big Experience Under The Security Act
Govt.'s Corrective Action Isn't Prejudicial Just Because It Doesn't Favor Protesto
Lowest-price Bid Loses Out Due To Past Performance Missteps


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