Construction Claims Monthly

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Searched Library for year - 2011

December 2011 - Volume 33 Number 12

Liquidated Damages Provision Or Unenforceable Penalty?
Sub Can't Sue For Prompt Payment
The Term 'defect' Must Describe More Than Mere Disappointment
Failure To Provide Notice Of Delay Was An 'absolute Bar'to Recovery
No 'bad Faith' Where Govt. Converted Default Termination To One Of Convenience
Govt. Still Owes Engineer After Abandoning Unfunded Project
Contractor Deserved A Reasonable Completion Date After Govt. Dallied Over Cures
Small Biz Can Subcontract Out A Big Part Of Its Work


November 2011 - Volume 33 Number 11

Forum Selection Clause Prevails Over State Venue Law
Miller Act Statute Of Limitations Disregards Remedial Work
Govt. Failed To Reserve Postacceptance Remedies For Defects
Design-builder Not Negligent Where It Subcontracted Out
Oklahoma Architect's Lien Rights Vanished Where Construction Never Materialized
Equitable Estoppelallows A Nonsignatory To Compel Arbitration
78-Day Lag In Reporting Changed Site Conditions Caused Delay
Do You Bid To Budget On A Buildto Budget Project? It Depends

October 2011 - Volume 33 Number 10

3 Strikes Sink Miller Act Surety's Reimbursement Claims
Casual Adherence To Contract Provision Can Constitute Awaiver
Sub Will Cough Up 'expectation Damages' For Reneging On Bid
Post-performance Written Contract Defines Prior Oral One
Design That Lacks Originality Isn't Copyright Protected
Inflated Bidder Qualifications Amount To Fraud
Bid Response Should Have Told A Compelling, Comprehensive Story

September 2011 - Volume 33 Number 9

Sub Calls Dbe Program A Discriminatory Policy
Contractor Not Responsible For Conditions That 'may Or May Not Occur'
Contract Allowed Price Adjustment, Signed Waiver Is Invalid
Verbal Directive For Extrawork Mustaccompanyagreement To Pay
'The Bid Was In The Building' Doesn't Constitute Timely Delivery
Terminated Contractor's Equitable Adjustment Hopes Crumble Like The Road It Built
Govt. Promises Plus Contractor's Repair Work May Equala Contract

August 2011 - Volume 33 Number 8

Court Confirms Limits On Eichleay: Project Must Have Begun
A Utility Is A 'contractor'where Its Work Contributes To The Overall Project
'Separate Contracting Entity' Is Tainted By Parent Company's Ineligibility
Architects Face Negligence Litigation Alone, Contractor To Arbitrate
Liquidated Damages Assessed On Two Separate Completion Dates
No Cost Analysis Needed To Terminate Delinquent Contractor
'Green' Bid Design Doesn't Earn Extra Credit
New Project, New Awardee -- Despite Small Biz Consideration

July 2011 - Volume 33 Number 7

Unit-priced Contracts Hold (Some) Sway Under Termination
E-mailed Bid Delivery Determined By Arrivalat Govt.'s E-gateway
Bid Price Realism Analysis Needn't Rely On Real Prices
Govt. Promised To Get Sub Paid, Is Now Liable For Contractor's Nonpayment
City Will Pay Delay Damages After Stalling Project Start
'Similar Practice Area' Casts A Wide Net Over Specialized Engineer's Work
Govt. Interfered With Performance, Will Pay For Clean-up
Govt. Must Explain Whya Too-low Price Is Too Risky
RFP Amendment Isn't Minor If It Introduces New Legal Obligation

June 2011 - Volume 33 Number 6

Spell Out The Scope Of Your Intent To Arbitrate
Contractor Retains Right To Full Pay Even If It Waives Right To Progress Payments
Sub Relied On Contractor Promises, Statutory Time Period Ran Out
Sub Agreed To Perform $8m Work Without Pay, But Its Surety Didn't
Conditions Don't Bar Recovery For Pre-termination Completed Work
Govt. Must Grant Opportunity To Meet Specs Before Butting In
Assumption Based On Electrical Standards Pulls The Plug On Bid

May 2011 - Volume 33 Number 5

No Conflict Of Interest On Mere 'suggestion? Of Bias
Managers Can Be Liable For Contractor Responsibilities
Where Architect Has Termination Power, Owner?s Rights Are Limited
Quasi-contract With Owner May Open Avenue Of Relief For Sub
Work-product Exclusion Makes Defects The Contractor?s Problem
Supplier Doesn?t Unjustly Enrich A 'Remote? Contractor
Decisions Of The Boards Of Contract Appeal: A Delivery Order Is A Contract In Asbca?s Eyes
Decisions Of The Comptroller General: When Govt. Smells Performance Risk, Mitigate Or Move On
If Post-discussion Revisions Intro A New Bid Weakness, Govt. Doesn?t Owe You Another Hint

April 2011 - Volume 33 Number 4

Defective Work Is Not Cgl-covered Except In Cases Of Bad Luck
Collateral Damages To Defective Work Are Cgl-covered
No Subrogation Waiver Where Contractor's Insurance Obligation Has Expired
Engineer's Insufficient Plans Caused Contractor's Default
Court Equates Mediation With Arbitration Under Faa
Decisions Of The Boards Of Contract Appeal: Costs Due To Import Restrictions Are Recoverable Where U
Decisions Of The Comptroller General: Lost Bid Documents? Then You Lose, No Matter Whose Mistake.
When Proving Experience, The Sum Of A Past Project Is Worth More Than Its Parts
Reopened Competition Steals Prize From Higher-priced Bidder

March 2011 - Volume 33 Number 3

'Critical' Is In The Eye Of The Delay Analysis Expert
No Apparent Authority Without Proof You Were Misled
Sub Must Repay Contractor,Fraud Perpetrator Or No
Sub's Breach Of Payment Bond Claim Stands The Bedrock Test
Mediation Clause Doesn't Bar Counterclaim In Ongoing Lawsuit
Decisions Of The Boards Of Contract Appeal: Fear Of what Lurks Below Doesn't Constitute An Unknown C
Decisions Of The Comptroller General: Hubzone Contractor Can't Cry Discrimination After Award
No Price Realism Required On Fixed-price Contract
Govt. Can't Ignore A Federal Statute Even If The Rfp Did

February 2011 - Volume 33 Number 2

Copyright Protects 'useful' But Not 'common' Design Elements
Miller Act Doesn't Prevent Surety From Setting Bond Expiry
Contractor Acted In Bad Faith By Passing Unexplained Costs On To Its Sub
Contractor's Failure To Release Liens Doesn't Forfeit Payment
Fed Agencies Not Exempt From State Laws That Protect Contractors
Decisions Of The Boards Of Contract Appeal: Don't Take Govt. Leniency As Waiver Of Duty To Meet Cont
A Govt. Claim Decision May Reasonably Take 9 Months -- But No Longer
Decisions Of The Comptroller General: Govt. Needn't Hold Discussions Unless It Expressly Promises To
Govt. Can Only Evaluate What You Demonstrate

January 2011 - Volume 33 Number 1

Bankrupt Contractor Can't Skirt Its Debt To Sub
Construction Contract Is 'evidence Of Indebtedness'
Risk Of Rock Was Part Of The Deal Where Contract Was Silent
Include All Costs In Bids -- Even Those Govt. Calls Unnecessary
Under Miller Act, Waiver Of Right To Recover Must Be Explicit
Decisions Of The Boards Of Contract Appeal: Sub Not Liable For Costs Caused By Local Govt. Restricti
Subs Need A Sponsor To Seek Recovery Under CDA
Decisions Of The Comptroller General: Bidder's Identity Doesn't Rely On Name Only
Govt. Must Set Aside A/E Awards
It Takes A Lot Of Concrete To Demonstrate Relevant Experience


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