Library - Construction Claims Monthly

Find out what twists and turns the construction claims world is taking. Browse the latest issue of Construction Claims Monthly to stay on top of recent verdicts, smart contracting strategies and common claims missteps:

Searched Library for year - 2007

• When You're Under Pressure: Key Points To Determine The Viability Of An Economic Duress Argument

• Subcontractor Status Doesn't Excuse Third-party Damage

• Flaws Don't Necessarily Render Design Specifications Defective

• Contingency Request Voids Subcontractor Bid

• Unnecessary Testing Method Entitles Contractor To Compensation

• Suit For Retention Backfires But Finds No Jurisdiction On Subs Switch

• Government Didn't Pay Defaulted Contractor Too Much

• Deleted Excavation Work Leads To Compensation For Offsite Fill

• Agreeing To Agree Can Be Dangerous: Tread Carefully With Letters Of Intent

• Indemnity Agreement May Not Protect Contractor From Liability

• Ruling Reopens Embassy-building Work To Smaller Contractors

• Lack Of Documentation Nixes Claims Submittals Complaint

• Officers Can Be Tried For Luring Away Independent Contractors

• Milestone Documentation Proves Key In Default Termination Case

• Suspension Determinacy Questioned In Establishing Standby Requirement For Eichleay

• When Your Supplier Backs Out: Learn The Ins And Outs Of The Defense Of Commercial Impracticability

• Lower Performance Risk May Outweigh Price Discount In 'best Value' Determination

• Subcontractors: Have Lien Waivers, Insurance Certificates On Hand In Case Of Dispute

• Contractors: Exculpatory Clause May Protect You From Shop Drawing Review Delays

• Doubts Of Payment Bond Coverage Construed Against The Bonding Company

• You Can Recover Bid Protest Costs Even If Your Protest Is Unsuccessful

• California Law Permits Subs Switch Under Change Order

• Beware: Overreaching Claims Estimates Can Put You Under With Fca

• Want A Preliminary Injunction? You've Got To Show Irreparable Harm

• Beware: Misrepresentation In A Liability Insurance Application Can Void Your Policy

• You Can't Pass Litigation Costs To A Supplier After You've Successfully Defended Yourself

• Arbitration Clause Can Snare You Even When Dispute Arises From Separate Agreement

• Suppliers, Materialmen: Don't Place Your Bets On Recovery Under Miller Act Bonds

• Failure To Coordinate Subs May Get In The Way Of Your Argument In A Design Dispute

• Your Experience, Capability Can Pay Off Big When 'best Value' Isn't Just About Price

• Osha's Ability To Cite General Contractors For Subcontractors' Safety Violations Now In Doubt

• Objective Manifestations Of Assent Render A Forum Selection Clause Binding

• Roofer Not Liable For Damage To Tiles It Contracted To Remove Where General Contractor Foresawthe Ex

• Contractors May Rely Upon Reasonable Interpretations Of Ambiguous Specifications

• Contractor Cannot Claim Ignorance Of State Taxes As A Unilateral Mistake

• Consultant's Plans Properly Denied Due To Post Office Delay

• Ohio Refuses To Extend Spearin Doctrine To Cases Involving Delay Due To Plan Changes

• The Federal False Claims Act And How It Applies To Construction Contractors

• Contractor Found No Support In Industry Practices When Sub's Bid Quote Expressly Told The Contractor

• Jury Must Determine If Contract Excuses Weather, Shipping And Presidential Debate Delays

• Contractor Can Change Its Legal Theories When Appealing A Final C.O. Decision But Can't Change Its C

• Asbca Has Jurisdiction To Consider A Claim That Does Not Ask For A Specific Dollar Amount

• Government Cannot Keep Materials Delivered To The Jobsite But Not Used In Construction

• Owner Cannot Hold Design/Builder Liable For Cost Increases That Resulted From The Owner's Actions

• Contractor Learns That A Restroom's Color Is Amaterial Requirement

• The Cardinal Change Doctrine An Overview For Owners, Contractors And Subs

• Negligent Misrepresentation Dismissed For Lack Ofactual Or Constructive Privity

• Records Sufficient To Establish Actual Costs Are Sufficient For Reimbursement Of Bid Preparation And

• Arkansas Lawawards Attorneys' Fees To Party 'on Top'

• Surety Has No Equitable Remedy Against City

• Contractor's Actions Caused Cost Overruns; Breach Of Contract Damages Upheld

• Builder Not Entitled To 'unforeseeable Costs' Of Construction In Post Office Construction Contract

• Dismissal Of Suit Appropriate In Absence Of A Valid Exception To The Economic Loss Doctrine

• Architects'tort Liability For Economic Damages

• Contractor Can Hold Engineering Firm Liable For Fraud
  Economic Loss Rule

• Failure To Abide By Far's Literalterms Means Contractor Loses Appeal
  Termination Convenience

• Commercial General Liability Policy Did Not Cover Subcontractor's Defective Workmanship
  Workmans

• Insurer Must Pay For Damages That Were Not Foreseeable To The Contractor
  Workmanship

• Court Says Substitution Hearing Decision Is Narrow And Limited

• Subcontractor Loses Attempt To Bypass Mediation Requirements Subcontractors

• Sba Regulations Do Not Let Administrative Lawjudge Cut Contractors Any Slack

• Oralagreement On Liquidated Damages Was Not Valid Or Binding

• Performance Promises And Liabilities In Designbuild Agreements

• Court Finds Contractor Never Waived Subcontract's Written Notice Provisions

• A Prior Working Relationship Is Not Enough To Establish Agency In The Current Project

• Sloppy Bookkeeping Means Supplier Wins Its Miller Act Suit

• Subcontract's Broad 'flow Down' Provisions Included Venue

• Government Loses Indian Incentive Program Argument

• Cost Overruns In Excess Of Retainage Leave Subcontractor Empty-handed

• Bid Language Did Not Support Contractor's Differing Site Condition Claim

• Float Time: Who Owns It And Why Ownership Matters

• Contractor Will Not Receive Compensation For Change Order Cost Increases

• Agencies Must Distinguish Between Non-responsiveness And Non-responsibility In Bids

• Parties Are Bound By Their Contractual Intentions If Ambiguity Later Emerges

• General Contractor With Little Direct Control Of Job Site Is Free From Liability

• When A Surety Declines To Sue, Court Does Not Assume Waiver Of Subrogation Rights

• A Surety That Pays A Claim Can Pursue A Negligent Party For Damages

• Defendant Unjustly Enriched By Use Of Unpaid Materials

• Court Says Contractor Wrongfully Withheld Retainage

• Price Proposal Not Deadline Nixed Bidder's Proposal

• Board Denies Using Jury Verdict Approach In Estimating Excusable Delay

• No Litigation Stay For Two Defendants Pending Arbitration With A Third

• Arbitration Clause In Original Contract Applied To Later Agreement

• Prohibition On Pay-if-paid Contracts Did Not Override Parties'choice-of-law

• Claim Certification Problems Prevent Contractor From Recovering For Extrawork

• Calculating Damages For Constructive Acceleration