Construction Claims Monthly

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Searched Library for year - 2015

December 2015 - Volume 37 Number 12

Forced Termination Without Equitable Adjustment Doesn't Fly--Even In War Zone
Anti-Assignment Clause Doesn't Reach Post-Performance Claims
Parole Evidence Okay Where Work Completion Standard Was Unclear
FEDERAL CASES: REA Certification Doesn't Mean It Wasn't A CDA Claim
Lack Of 'Landfill' Experience Won't Prevent Engineering Expert's Testimony
BID PROTESTS: Joint Venture Contractor Earns Full Credit For Past Performance

November 2015 - Volume 37 Number 11

Architect On The Hook For $6M In Design-Defect Damages
Payment Bond Did Not Incorporate 'Substantive' Subcontract Clause
Without Privity, Sub Can't Sue For Contract Breach, Nonpayment
Govt. Shirked 'Clerical Burden' Of Issuing Written Changes, Still Must Pay
FEDERAL CASES: Scope Of 'Maintenance Dredging' Contract Included Lots Of Rock
Solicitation Ambiguity May Have Thwarted Full & Fair Competition

October 2015 - Volume 37 Number 10

'Construction Manager At Risk' Bears Some, Not All, Design-Related Risk
Convenience Termination Was Not 'An Illusory Promise'
Contract Did Not Permit Owner To Withhold 10% Of Payment Due
Project Design Dictated Sub's Construction Methods
Decisions Of The Comptroller General: Govt. Failed To Properly Publicize An RFP Amendment
Best-Value Choice Needn't Focus On Most Important Evaluation Factor

September 2015 - Volume 37 Number 9

City Not Immune To Breach Suit For 'Program Administrator' Contract
552 Exception Does Not Require An 'Express' Representation
Excavator With 'Actual Notice' Of Telephone Line It Hit Was Not Negligent
FEDERAL CASES: Wet Soil In A Floodplain Was Not A 'Surprise' Condition
No Damages Where Geotechnical Report Described Varying Seasonal Conditions
DECISIONS OF THE COMPTROLLER GENERAL: 'Clerical Error' Or 'Material Deficiency' Depends On RFP Terms

August 2015 - Volume 37 Number 8

Govt. Acceptance Didn't Entitle Contractor To Stop Work
Parts From China Didn't Violate Buy American Act
Owner Was Obligated To Provide Full Site Access
Promise To Pass Through Delay Claim Was A Contract Modification
FEDERAL CASES: Govt.'s Insistence On Strict Compliance With Specs Was A Constructive Change
DECISIONS OF THE COMPTROLLER GENERAL: Legal Challenges Led To 'Reasonable' Bid Cancellation
Proposal Rejected Where Offeror Was Least Experienced Of Its 'Team'

July 2015 - Volume 37 Number 7

Contractor Proved CPM Impact Where There Was No Actual Delay
'Unreasonable Delays' Not Barred By No-Damages Clause
Arbitration Clause Applies Where Bond 'Swallowed' Subcontract
Town To Collect Delay Damages Even After Termination For Convenience
Refusal To Grant Extra Time Was Not A Breach Of Contract
FEDERAL CASES: Contractor Warrantied Roofs Up To 55 mph--And That Was Enough

June 2015 - Volume 37 Number 6

There's No 'If' In Pay-If-Paid Without A Condition Precedent
No Remedy For Sub Where Contractor Monkeyed With Project Schedule
Arbitration Award Stands Despite Flawed Contract Interpretation
Day-Work Drilling Contract Bars Owner's Damages Recovery
Sub On The Hook For Nonpayment That Pre-Dates Assignment Agreement
FEDERAL CASES: A Claim Of Govt. Misbehavior Also Requires A Final CO Decision
Contractor Performed Extra Permit Work, But Not At Govt.'s Behest

May 2015 - Volume 37 Number 5

Superseding Contract Must Pertain To Same 'Subject Matter'
Contractor Suffered A Project Loss, Still Owes Sub $2.1 Million
In Utah, Visible Evidence Of Work Required To Attach Lien
'Intertwined' Impact Costs May Justify Total Cost Calculation Method
FEDERAL CASES: Supplier To Pay Damages For Noncomforming Concrete Mix Design
Release Won't Bar Settlement Costs If Not 'Final'
BID PROTESTS: Japan-Specific Work Experience Not An Unduly Restrictive Requirement

April 2015 - Volume 37 Number 4

Single v. Multiple Manifestations Of CGL Occurrence
Work Acceptance Or Completion Required To Invoke Warranty For Future Performance
Prompt Payment Statute Incorporated Into Subcontract But Not Available To Sub
One Parenthetical Note Rendered Contract Specs Ambiguous
Contractors May Charge Overhead Directly Or Indirectly, But Consistently
Govt. Knew It Didn't Have Enough Money For Project Options
Govt. Needn't Reject An Unbalanced Bid Outright

March 2015 - Volume 37 Number 3

Govt. Breach Entitles Contractor To Quit While Ahead--And $20M Behind
Govt. Will Pay $500K For Meddling With Contractor's Installation Method
Written Notice Clause Firm Where Contract Expressly Forbids Oral Promise
Sovereign Immunity Won't Shield Texas Utility From Breach Claim
Specs Didn't Specify Sub's Responsibility For Performance Prep
Supplier To Sub-Subcontractor Had No Lien Rights

February 2015 - Volume 37 Number 2

Not Every Breach Of A Federal Contract Is An FCA Problem
No Damageges For Breach Under Terminination-For-Convenience Clause
Engineer's Lien Claim Reaches Back To Before Plans Were Delivered
Architect Granted Implied Licence To Its Drawing
Contractor Claimed It Was Forced To Hire Ulilities To Perform At Premium Price
Confused By Rep? Clarify Now Rather Than Protest Later

January 2015 - Volume 37 Number 1

New Contract Waived Original 'No Waiver' Clause
Oral Change Order Okay, Despite Contract Clause Prescribing Otherwise
Liberal Miller Act Interpretation Still Holds Sub To 90-Day Timing
Supplier Entitled To Progress Payment Even If Pipe Was Defective
CGL Insurance Doesn't Cover Damage Due To 'Non-Conforming Work'
Project Schedule Required Details Of Non-Work Days & Specific Work Hours


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