Construction Claims Monthly

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Searched Library for year - 2016

December 2016 - Volume 38 Number 12

Architect & Mechanical Sub Shared 'Special Relationship'
No 'Actual Notice' Exception Without Waiver Of Written Notice Requirement
In Texas, Substantial Compliance Must Be 'Legal Equivalent Of Compliance'
Sub Wins $100K Award For Allegedly Unapproved Extra Work
Contractor Released Right To Cry Breach, Not To Collect Retainage
BID PROTESTS: FAR Late Bid Exception Let Govt. Accept Much Cheaper Award

November 2016 - Volume 38 Number 11

There's No 'When And If' To Miller Act Payday
Contactor Can't Sue Designers After Arbitrating Against Owner
CGL Policy Exempts Environmental Clean-Up Costs
Contractor Properly Passed Deductive Change Order On To Sub
3 Failed Examples Of Miller Act Notification
Sub To Collect $12.7 Million Equitable Adjustment
BID PROTESTS: Poor Discussions Response Lost Offeror An Award

October 2016 - Volume 38 Number 10

Contractor Can't Rely On Sub's Bid And Negotiate Too
Convenience Termination Didn't Entitle Contractor To Full Mobilization Costs
Measured-Mile Method Requires Expert Opinion
Bond Term Extended Along With Contract
No Bar To Parol Evidence Where Parties May Have Made Mistake
FEDERAL CASES: Govt. Will Pay Nearly $1M Extra Thanks To Poor Drawings
BID PROTESTS: 5 Technical Qualifications Were Examples, Not Requirements

September 2016 - Volume 38 Number 9

Third-Party Building Occupants Won't Recover For Contractor Delay
Contract Described Possible--Not Guaranteed--Work Scope Change
'Disruption Damages' Recoverable Under Texas Waiver Of Sovereign Immunity
No Fraudulent Concealment Without 'Duty To Speak'
Untimely, Incomplete Work Couldn't Support Fraud Claim
FEDERAL CASES: Contractor May Not Have Waived Objection To Unilateral Contract Modification

August 2016 - Volume 38 Number 8

FCA: Falsity Isn't 'Material' If It Doesn't Undermine Contract's Purpose
Unit-Price Contractor Failed To Provide Sequence Notice, Lost $500K
'Unless And Until' Language Typifies Pay-If-Paid Clause
Liquidated Damages Trickle Down To Sub, If Contractor Can Prove Fault
Govt. Breached Where It Provided No Reason For Withholding Payment
Contractor-Supplier Purchase Order Waived Owner's Warranty Rights

JULY 2016 - Volume 38 Number 7

BID PROTESTS: Best Value At Least Risk Is Worth $600K More
FEDERAL CASES: Paving Supplier Was Not A Miller Act Sub
Sub Will Pay $300K For Abandoning Work Despite Late Progress Payments
No 'Actual' Notice Required By Michigan's Bond Act
Contractor's Payment Falsity Was Not A 'De Minimis' Breach
Poor Design Was Contract Breach, Not A Tort Offence, Texas Says
Economic Loss Bars Designer's Suit Against The Repair Man

JUNE 2016 - Volume 38 Number 6

Surprise! Both Contract Parties Had Duty To Resolve Defective Specs
Payment Was A Covenant, Not A Condition Precedent
No Negligence Without Contract Breach, Louisiana Court Rules
Contract Made Utility Responsible For Underground Unknowns
To Collect For Extra Work, Contractor Must Show It Didn't Abandon Claim
FEDERAL CASES: Here's What A Properly Filed Claim Is Not
Contractor Assumed Risks Of Performing 'Extra Work'
BID PROTESTS: Govt. Gets To Decide If It's Procuring A/E Services

May 2016 - Volume 38 Number 5

Unclear Specs? Speak Up, Don’t Unilaterally Interpret
Ohio Rates Liquidated Damages' Fairness By The Day
Pa. Liquidated Damages Cap Didn't Apply To Defective Goods
Contractor Signed Away Rights To Recover For Defective Pipe
FEDERAL CASES: Contractor May Keep Profits And Collect For Differing Condition Costs
F.A.R. Time Limit Doesn't Apply Where Govt. Had Actual Knowledge
BID PROTESTS: VA Improperly Ignored Its Own Acquisitions 'Rule Of Two'

April 2016 - Volume 38 Number 4

Govt. Won't Collect 'Fairyland' False Claims Damages
Engineer Liable For ‘Inadequate’ And ‘Ambiguous’ Design
Contract Nullified Contractor’s Right To Delay Damages
No Written Notice Of Delay, No Damages And No Exceptions For Sub
FEDERAL CASES: Specs ‘Clearly & Unambiguously’ Held Contractor To Govt. Standard
Deliver Orders Properly Reduced IDIQ Contract Price
Govt. Misinterpreted The ‘Or’ In ‘Brand Name Or Equal’ Specs

March 2016 - Volume 38 Number 3

Forum Selection Can Determine Whether You Get Paid
Contractor Warrantied Only Its 'Workmanship'--But What's That?
Partial Performance Undercut 'Intention Not To Perform' Claim
FEDERAL CASES: No Default Termination Where Govt. Knew Project Couldn't Be Completed As Spec'd
Unilateral Change Order Price Failed To Make Contractor Whole
BID PROTESTS: Bidder Allowed To Correct Out-Of-Whack Prices

February 2016 - Volume 38 Number 2

Calif. Court Okays Contractor's Use Of Eichleay To Seek Damages From A Sub
Sub Bears Cost Of Relying On Defective Drawings
FEDERAL CASES: Sub May Challenge Default Termination, But Not Recovery Of $10.7M
Severin Thwarted Where Conduct & Contract Opened Loopholes
Cost v. Price v. Value: Note on Measure of Recovery in Turner
BID PROTESTS: Govt. Can Cancel Bids For One Reason Then Change To Another
All Strengths, No Weaknesses Doesn't Necessarily Warrant 'Outstanding' Rating

January 2016 - Volume 38 Number 1

No Contract Formed Where All The Parties Did Was Negotiate
Contract Disclaimer Is Same As Silence Re: Site Conditions
Owner's Tort Complaint Survives, Thanks To 'Other Property' Exception
Arbitration Clause Governed Despite 'Litigation Only' Language
FEDERAL CASES: Small Biz Facades Run Afoul Of False Claims Act
BID PROTESTS: 'Outstanding' Proposal Worth An Extra $23,631


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