Construction Claims Monthly

 
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Searched Library for year - 2013
 

December 2013 - Volume 35 Number 12

GOVT. IMMUNITY FOR CONTRACTORS SUBJECT TO ‘REASONABLY PRECISE SPECS’ ONLY
NO PROMPT PAYMENT FOR ARCHITECT IN ARIZONA
ARBITRATION CLAUSE NOT GUILTY OF ‘BARGAINING NAUGHTINESS’ OR STATE LAW VIOLATION
NY LAW DOESN’T VOID OUT-OF-STATE FORUMS FOR ENVIRONMENTAL CLEANUP
SUBCONTRACT INCORPORATED ARBITRATION CLAUSE DESPITE LANGUAGE THAT WAS ‘NOT A MODEL OF CLARITY&
GOVT. SHOULD HAVE ASKED FOR CLARIFICATION OF BID’S CLERICAL ERROR
CONTRACT & GEOTECH REPORT DESCRIBED ‘NEARLY IDENTICAL’ CONDITIONS
NO DIFFERING CONDITIONS CLAUSE? NO PROBLEM, IF YOU CAN PROVE CAUSATION

INDEX


November 2013 - Volume 35 Number 11

MAKING EXTRA PROFIT ON A FIXED-PRICE CONTRACT ISN’T MAKING A FALSE CLAIM
AGREEMENT FOR FUTURE CONTRACTS IS A BINDING PROCUREMENT CONTRACT
UNPAID SUBS CAN’T MAKE A GRAB FOR CONTRACTOR’S COURT AWARD
6-YEAR CLOCK ON CONTRACT BREACH CLAIM STARTS WITH SUSPICION OF NONCOMPLIANCE
ARBITRATION CLAUSE NEEDN’T BE SUPPORTED BY STAND-ALONE CONSIDERATION
SPECS’ MISSING DIMENSIONS CREATED LATENT AMBIGUITY
DON’T ASSUME A FALSE CLAIMS SUBMISSION
PREDECESSOR FIRM’S PAST EXPERIENCE COUNTS TOWARD NEW COMPANY’S CREDIBILITY

October 2013 - Volume 35 Number 10

Teaming Agreement Was Not A Contract Despite Definite Scope & Price
Teaming Agreement Bound Only The Sub To Exclusivity
Forum Selection Clause Governed Disputes ‘Pertaining To’ The Contract, Including Tort Cl
False Claims Charge Relied On Falsified ‘Change Order’
Give No Opportunity To Cure, Get No Compensation For Defects
The Govt. ‘Should Have Known’ Is Not Evidence Of Superior Knowledge
Specs That Left Pipe Choice To Contractor Were Not Ambiguous
ID/IQ Contract Experience Was A Must

September 2013 - Volume 35 Number 9

IN NEVADA, SUB CAN’T SUE A/E FOR NEGLIGENT MISREPRESENTATION FOR ECONOMIC LOSS
SUPPLIER’S TERMS BARRED SUB’S CONSEQUENTIAL DAMAGES FOR ROOF FAILURE
LIMITATION OF LIABILITY CLAUSE SAVES ARCHITECT $4 MILLION IN DAMAGES
CONTRACTOR’S FAILURE TO PICK UP ITS MAIL DELAYED SUB’S MILLER ACT CLAIM NOTICE
CONTRACTOR BORE RISK OF REGULATORY-- AND ALL OTHER-- DELAYS
SURETY OWES NO FIDUCIARY DUTY TO CONTRACTOR
SPECS SUPPORT CONTRACTOR’S PIPE OF CHOICE, GOVT. TO PAY $50,000 PLUS INTEREST
CONTRACT AWARD CORRECTIVE ACTION THAT HARMED ORIGINAL AWARDEE WAS PROPER

August 2013 - Volume 35 Number 8

CDA PREVENTS CONTRACTORS FROM MAKING GOVT. CONTRACT DISPUTES PERSONAL
CONTRACTOR TO COLLECT DAMAGES FOR GOVT.’S MISTAKEN AWARD
CONTRACTOR CAN’T RECOVER FOR ‘SPECIAL CIRCUMSTANCES’ CONSEQUENCES OF CONTRACT BREA
LIQUIDATED DAMAGES CLAUSE FLOWED DOWN FROM GOVT. TO GENERAL TO SUB
NO LATENT AMBIGUITY IN RELEASE LANGUAGE WITHOUT ‘CONTRACTUAL HOOK’
MINOR PROJECT ‘ADJUSTMENT’ COULD NOT LIFT SUB OVER MILLER ACT’S STATUTE OF LIMITAT
GOVT. CAN’T IGNORE PRIOR PERFORMANCE INFORMATION IT IS AWARE OF
NO MONEY IS A COMPELLING (i.e., PROPER) REASON TO CANCEL A PROJECT
SOLICITATION REQUIRED INTERACTIVE BID PRICING INFO

July 2013 - Volume 35 Number 7

Lack Of Written Notice Was Not An Absolute Bar To Subs Delay Claims
$2M Claim Denied Where Contractor Bore Price Fluctuation Risk
It's No Tort To Breach A Contract - No Matter How Cruel The Suretys Refusal To Pay
Sub-Owner Settlement Didn't Impede Contractor's Indemnity Claim
Govt. Misrepresentation Voids Accord & Satisfaction - If You Can Prove It
Line Item Price Omission Was Not An Immaterial Defect
Spearin Saved Design/Builder From Liability For Gabion Wall Failure

June 2013 - Volume 35 Number 6

WHO’S TO BLAME: CONTRACTOR LIABILITY WHERE THE FACT FINDER CAN’T APPORTION FAULT
LEAD CONTAMINATION IS A TYPE II DIFFERING CONDITION, GOVT. TO FOOT DISPOSAL BILL
SUB’S $1.2 MILLION EXTRA WORK CLAIM COULDN’T CLEAR WRITTEN CONSENT HURDLE
CONTRACTOR HAD DUTY TO DISCLOSE NEGOTIATIONS THAT OUSTED SUB FROM PROJECT
PARTIES’ CONTRACT DID NOT CONTAIN A FORUM-SELECTION CLAUSE
FEDERAL GOVT. WAS JUST A ‘NOMINAL’ PARTY TO SUB’S MILLER ACT SUIT
BIDDER’S DESIGN PROPOSAL DEMONSTRATED ‘SOME RISK OF FAILURE’

May 2013 - Volume 35 Number 5

MILLER ACT‘PUBLIC WORK’ DEFINEDBY GOVT.’S USE
TEMPORAL LIMITATIONNOT‘A BEDROCK HURDLE’ TO PLEADING DIFFERING CONDITIONS
NO CHANGE ORDER NEEDED FOR OWNER TO RECOUP COMPLETION COSTS
SUB MAY RECOVER PROFITS UNDER MILLER ACT
SUB’S ‘I WON’T PERFORM UNLESS’ THREAT AMOUNTED TO CONTRACT BREACH
SLOW WORK, NOT SLOW PROGRESS PAYMENTS, LED TO CONTRACTOR’S DEFAULT
GOVT.’S EDIT OF DESIGN CRITERIA WAS A CONTRACT CHANGE
PROJECT SOLICITATION’S AMBIGUITY WARRANTED ITS CANCELLATION

April 2013 - Volume 35 Number 4

Sub Reinstated Overhead Costs That Were Deleted With Deleted Work
No Ambiguity In Condition Precedent Where Natural Reading Makes It Plain
Define ‘Contract Admin Costs’ By Their Purpose
Sub To Pay For ‘Manning Up’ To Meet Work Scope Changes
‘Assisting’ Contractor Performance Isn’t Necessarily A Surety Takeover
Scope Must Identify The When, Where, And How Of The Work
Pre-Evaluation Bid Rejection Didn’t Rob Bidder Of ‘Interested Party’ Standing
Govt. May Not Pay For Design That Went Above And Beyond RFP

March 2013 - Volume 35 Number 3

IF CLAUSE DOESN'T SHIFT RISK, IT'S NOT PAY-IF-PAID
CITY WILL FACE CHARGES OF 'PROPRIETARY' ACTS OF NEGLIGENCE
ACCEPTED BID PROPOSAL IS A BINDING CONTRACT
OWNER RIGHTLY WITHHELD $2.6 M FOR ALLEGEDLY DEFECTIVE WORK
ONE EXPERT'S CRITIQUE OF ANOTHER EXPERT'S REPORT IS ADMISSIBLE--IF IT'S RELIABLE
ARBITRARY, IRRATIONAL EVALUATION HALTS GOVT. AWARD
ONLY 'UNUSUAL CIRCUMSTANCES' WAIVE GOVT.'S RIGHT TO TERMINATE FOR DEFAULT
WARTIME PROJECT DIFFICULTIES DON'T CONSTITUTE CONSTRUCTIVE CHANGE
GOVT. CAN PAY $6M MORE FOR MORE RELEVANT EXPERIENCE

February 2013 - Volume 35 Number 2

No Time Runs Against Connecticut: Contractors Can't Bar State's $15M Claims
A CGL 'Occurrence' Now Includes Faulty Workmanship In S.C.
No Differing Conditions Claim Where The Conditions Are By Nature Differing
Sub Agreed To The Protracted Schedule Extensions That Bankrupted It
Supplier May Recover Under Oral Subcontract ... Or Miller Act ... Or Unjust Enrichment
Owner's Repair Spoiled As-Built Evidence, Deprived Contractor Of Defense
Wrong Solicitation Number Weakens Bid Bond's Validity

January 2013 - Volume 35 Number 1

OHIO HOLDS DEFECTIVE WORK IS NO ACCIDENT, NO CGL 'OCCURRENCE'
SURETY ENTITLED TO OFFSET LOSSES ON ONE CONTRACT WITH PAYMENT ON ANOTHER
GOVT. CONDUCTED UNFAIR PROCUREMENT, AWARDEE HAD INSIDE INFORMATION
INTRODUCTORY LANGUAGE CAN'T CONTRADICT BODY-OF-THE-CONTRACT PROVISIONS
TIMELY CHANGE ORDERS WOULD HAVE UPPED SUB'S MAX PRICE
SUB'S LIMITATION-OF-LIABILITY CLAUSE SQUEEZED CONTRACTOR'S INDEMNITY CLAUSE
CONTRACTOR BEARS $50K UNEXPECTED RISK OF ATTACHING WALLS TO EXISTING STRUCTURE
'APPARENT' EXPERIENCE DOESN'T EARN PAST PERFORMANCE POINTS