Construction Claims Monthly

 
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Searched Library for year - 2012
 

December 2012 - Volume 34 Number 12

OKAY TO ASSESS LIQUIDATED DAMAGES EVEN IF ACTUAL DAMAGES DON'T MATERIALIZE
GOVT. COULDN'T DRAW CAUSAL LINK BETWEEN DAMAGES AND FAULTY DESIGN
SUB BORETHE RISK OF AN INDEFINITE SCOPE AT A FIXED PRICE
NO STATE LAW REMEDY WHERE MILLER ACT REIGNS
WHERE PARTIES ACT LIKE THERE IS A CONTRACT, THERE USUALLY IS
ARCHITECT'S DECISION NOT 'FINAL' UNLESS CONTRACT EXPLICITLY SAYS SO
CONTRACTOR'S LIEN IMPROPERLY INCLUDED PROFITS AND UNUSED MATERIALS
GEO REPORT'S 'RANGE OF POSSIBILITIES' DID ANTICIPATE WET, STICKY SOIL
CONTRACTOR STRIPPED OF BORROW-SITE RIGHTS AFTER IT STRIPPED A HISTORIC SITE

INDEX


November 2012 - Volume 34 Number 11

TEXAS UPHOLDS NO DAMAGES FOR DELAY--NO MATTER THE CAUSE
CONTRACTOR BORE RISK OF PERFORMANCE INTERFERENCE BY THIRD PARTY
DESIGN/BUILD CONTRACT NEED NOT IDENTIFY A SINGLE RESPONSIBLE ENTITY--TEAMS ARE ALLOWED
CONTRACT FOR INDEFINITE DURATION WAS TERMINABLE AT WILL
TERMINATED SUB RELIES ON PAYMENT REQUESTS AS EVIDENCE OF CONTRACT COMPLIANCE
TORT-BASED CLAIMS FAIL WHERE CONTRACT BREACH REMEDY IS AVAILABLE
NO CONTRACTOR FRAUD WHERE CONTRACT ALLOWED FOR MAJOR WORK SCOPE REDUCTIONS
BID BOND GUARANTEED PERFORMANCE BUT NOT PAYMENT

October 2012 - Volume 34 Number 10

Delay Notice Provision Won't Bar Recovery Without An Express Condition
No Pay For Extra Work Without Written Change Order
Complaint Facts Must Be Specific To Trigger CGL's Property Damage Coverage
Owner Can't Sue Architect For Defects It Knewabout5 Years Prior
'Total Time Theory' Can't Excuse Contractor's Delay
Payroll Records Show Miller Act Claim Was Timely
Contractor Could Not Appeal Disputed Liquidated Damages
High Heat In A Power Plant Was Not A Surprise Condition
Non-Compliance With Solicitation Allowed--with A Detailed Explanation

September 2012 - Volume 34 Number 9

A True Design-build Contractor Shoulders All The Risk
CGL Insurer Had No Duty To Defend Defective Contract Work
Anti-Indemnification Statute Doesn't Negate Limitation-of-Liability Clauses
City's 'No Liability' Clause Can't Shield It From Delay Damages It Caused
Work Left Unfinished By Original Contractor Was A 'Concealed Condition'
No More Cost Claims Once Contract Has Unambiguously Ended
Contractor Entitled To 43 Days Extension Despite' Accord& Satisfaction' Release Language
Govt. Has Broad Discretion To Make Price/Technical Trade-Offs

August 2012 - Volume 34 Number 8

Who's The' Prevailing Party'? You May 'win' And Still Not Collect Attorney's Fees
Sub Can't Sue Govt. For Payment, Took Too Long To Seek Recovery
Contract Privity Didn't Bar Sub's Tort Claims For An Unfulfilled Payment Promise
A Unilateral Arbitration Clause Isn't Generally Void
Govt. Must Mitigate Its Reprocurement Damages After A Default
Out-Of-State Forum Selection Clause Void In Louisiana
Contract's Notice Provisions Apply Even After Termination
No Govt. Contract Where Signatory Lacked Authority

July 2012 - Volume 34 Number 7

No Tort Recovery For Negligent Design, Even Where There's No Contract
A True Pass-through Claim Is Not An Assignment Of Rights
State Law Trumps Contract's 30-day Notice Requirement
Adding A Missing Zero Was A Material Bid Change That Voided A Contract
Modification Doesn't Forge New Contract If It Doesn't Extinguish Prior Promises
Contractor Caught Between Unpaid Sub And Govt. Refusal To Pay An Undisputed $2 Million
'Commercial Impossibility' Has No Chance Where Another Contractor Proves Possibility
Site May Have Been Overgrown, But Contractor Was Not Overworked

June 2012 - Volume 34 Number 6

When One Party's Contract Breach Excuses The Other's
Bid Clause Didn't Thwart 'Bid Shopping'-- Or Forge A Contract
Sub's Lien Wasn't Protected From Contractor's Default
Contractor Entitled To Relief Under Sub's Payment Bond
Sub That Was Forced To Work Twice As Fast Cries Fraud
Govt. Will Pay If It Pushed Work Into Adverse Weather
Extraneous Documents Included With Bid Are Part Of The Bid
Bid Price Unrealism Reveals Lack Of Understanding

May 2012 - Volume 34 Number 5

CDA Claim Must Convey Desire For Final Decision
Court Couldn't Detect Intent In Unsigned Email Contract
Owner Wins $3.9 Million In Damages For Faulty Work
Owner's Conduct Waived Condition Precedent To Payment
A 'Release' Is A Contract, Requires Adequate Consideration
Miller Act Time Limit Doesn't Negate Payment Condition
Loss Of Future Profits Claim Too Remote And Speculative
Bid's Price Omission Was A Minor Informality

April 2012 - Volume 34 Number 4

No Supply Contract? You Can Still 'Recoup' For Defective Materials
It Takes An Expert To Refute Architect's Skill And Care
Economic Loss Loophole Too Narrow For Design Misrepresentation Claim
Default Termination As Unsound As The Site Conditions It Ignored
An 'Option' Is Not A Contractual Promise
Surety Had Absolute Discretion To Pay Bond Claims
'May' Weakens Authority Of Forum Selection
Name Change Was A Legal Change In Entity, Not A Formality

March 2012 - Volume 34 Number 3

Fca Demands Who, What, Where, When & How
Critical Design Error Set Contractor Up For Failure
Foreseeable Subsurface Sand Didn't Alter Work Scope
Multiple-option Changes Clause Opens Multiple Routes To Relief
'Order Of Precedence' Clause Clears Away Potentialambiguity
Time For Bid Receipt = Local Time
Bid Bond Is Acceptable Where Proper 'on Its Face'
Best-value Rationale Sound Despite Govt. Typo

February 2012 - Volume 34 Number 2

Miller Act Surety Not Bound By Arbitration Award Against Contractor
Autonomy Under Design-build In Govt. Context Is Pretty Limited
No To Delay Damages, Yes To Equitable Adjustment
Memo Of Understanding Was A Binding Contract
Notice Of Claim Must State Specific Damages Amount
Govt. Should Have Warned Sub It Was Installing Underrated Equipment
Govt. Solicitation May Have Overstated Project's Minimum Needs

January 2012 - Volume 34 Number 1

A Partial Triumph Wins Access To Eaja Fees
Bid That Led To Performance Was A Binding Contract
'Don't Worry' Promise No Substitute For Written Change Order
Owner's Payment Clause Creates Ambiguity For Pay-if-paid
Written Indemnity Contract Enjoys Long Time Limit In Illinois
Owner's Failure To Protect Against Defects Caused Delay
Contractor May Pay For Extra Wet Soil That Weighed Down Sub
Plans & Specs Didn't Cause Sub To Underbid