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 - 2009

• If It Doesn't Quack Like A Govt. Construction Contract, It's Not One -- Nor Miller Act Protecte

• Contractor Couldn't Make Fraud Allegation Stick Where It Failed To Track Sub's Performance

• Owner Can't Take Back Final Acceptance Unless Contract Expressly Allows

• Sub Terminated For Failure To Complete On Time -- Or In 'reasonable Time'

• Contractor Who Threatened Termination Acted In Bad Faith -- And Had To Pay A $9m Price

• Subcontract Language Limited The Prime Contract Requirements It Incorporated

• Contractor Wins Full Contract Price And Lost Profits Due To Faulty Design

• Contractor Proves Govt. Left It To Twiddle Its Thumbs, Secures Eichleay Recovery

• A Missing Digit In A Unit Price Is A Correctable Bid Error

• Private Parties May Terminate For Convenience, But Only To Mitigate Genuine Risk

• Owner Can't Skirt Economic Loss And Pin Negligence On Engineer

• Contractor Wipes Away 'lingering Stigma'of Past Debarment

• Conditions Precedent Don't Necessarily Make Payment An 'if' Proposition

• Contractor With No Project Ownership Can't Invalidate Lien

• An Email Substantiates Contractor's

• Fast-track Design-build Project Slows To A Halt Thanks To Govt.'s Failure To Communicate

• 'Relative Lack Of Detail' Sinks Bid

• Shore Up Equitable Adjustment Claims With Real Costs Or At Least Real-world Estimates

• Paying All You Can To Subs Doesn't Relieve Duty To Timely And Properly Dole Out Govt.'s Money

• Bidder Eliminated When It Could Only Prove Emailwas Sent, Not Received

• Uncompactable Soilwas A Differing Site Condition, But Contaminated Asphalt Was Not

• Design-build Bidders Must Measure Upagainst Selection Criteria Not Non-existent Specs

• To Get Paid, Surety Must Inform Govt. Of Contractor Default

• If You Can Prove A Competitor Isn't Eligible, Don't Wait Until It Wins The Job To Speak Up

• Hold Your Breath: Govt. Can Revoke Its Acceptance Of Your Work After Almost A Year

• When Making An Equitable Adjustment Claim, Know All The Elements Of Proof

• Govt. Played Favorites And Lost It Failed To Address Bid Defects Equally

• 'any And All Liability' Release Language Could Prevent Cumulative Impact Claims

• Differing Site Condition Claim Hangs On Whether Contractor Properly Considered Storm Water

• Backdating A Bond Doesn't Nullify Govt. Guarantee

• Sub Overstayed Its Welcome At Jobsite, Skewing The Timelineeditor's For Proper L

• If The Govt.Doesn't Star In Your Contract, It's Tough To Hold It Accountable

• Liquidated Damages Are Appropriate When They Fairly Anticipate Actual Damages

• Mistake In Contractor Name Invalidates Entire Mechanic's Lien Statement

• $22m Accelerated Work Claim Stalls, Thanks To Overreliance On Project Schedule Promises

• Consider The Context Of Alleged Fraud Before Applying Economic Loss Rule

• Informal Communication Of Project Glitches Can Be A Formal Extension Request

• Notice Is Not Enough To Force A Public Utilityto Getoutoftheway

• Decisions Of The Boards Of Contract Appeal

• The American Recovery And Reinvestment Act Of 2009: What It Means For You

• Equitable Exceptions To 'no Damages For Delay' Clauses Are Very Narrow

• Court Floats Novel Calculation Method For Lumpsum Contracts

• Word Of Contract Trumps Word Of Mouth no Exceptions, Sort Of

• Dispute Resolution Clause In Your Contract Applies To Contract Claims Only

• State Law Affords Disappointed Bidder No Recourse

• Contractor Relieved Of Its Debt When Court Rejects 'shifting Trust'argument

• A Bid Protest Won't Hold Against An Icy Storm Of'urgent And Compelling Circumstances'

• A Claim Against Your Surety May Require Collateral, Even If Claim Will Fail

• Beware Of The Terms Of A Passthrough Claims Agreement

• Say What You Mean And Mean What You Say: Court Upholds Waiver Of Claims At Contractor's Expense

• Three Strikes And You're Still At Bat? The Rules Don't Apply To Sovereign Acts

• Decisions Of The Boards Of Contract Appeals

• He Said/She Said: When The Record Is Unclear, Summary Judgment Will Not Be Granted

• Baseless Certified Claim Is A Fraudulant Claim

• Unsigned Forum Selection Clause Still Has Clout

• Forum Selection Clauses Are Usually Enforceable In Construction Contracts

• Court Needs To Keep Different Contract Defenses Separate

• Pay Attention To Notice Requirements, Even If Other Parties Don't

• The Buck Stops Here: Designated Representative Cannot Take Blame For Delay Damages

• Risky Business: Economic Loss Doctrine Bars Recovery In Tort

• What's Your Policy? Doublecheck Insurance Language To Ensure Full Coverage

• Decisions Of The Boards Of Contract Appeals

• Antibidshopping Law Offers Leeway To Contractors

• Pay Attention To Legal Standards And Survive A Motion To Dismiss

• Casual Reassurances By Lenders Don't Guarantee Payment

• Negligent Installation Of Roof Voids Warranty

• Back To Basics: Stick To Genuine Issues Of Material Fact

• Decisions Of The Comptroller General

• Sub's Attempt To Delegate Its Statutory Obligations Rejected

• A Minute Late Is Too Late When Filing Public Bidding Challenges

• Avoid Unclear Agreements To Perform Extra Work

• Limits On Clarification Of An Arbitration Award

• Look To Ucc When You Can't Agree On Project Deadlines

• Decisions Of The Boards Of Contract Appeals

• Decisions Of The Comptroller General

• Prime Contract's Arbitration Rights Do Trickle Down To Subcontract

• Prompt Pay Act Will Cough Up Interest, Too if Parties Aren't Choking On A Payment Dispute

• Disorganized Owner Could Pay For Delay, Despite Clause

• If Not Premature, Protest Could Prevail Against Denial Of Multiprime Contractor Bids

• Don't Expect Pay For Sovereign Delay

• Decisions Of The Boards Of Contract Appeals

• Decisions Of The Comptroller General

• Prime Contract's Arbitration Rights Do Trickle Down To Subcontract

• Missing Electronic Bid underscores need For Careful Etiquette

• Contractor Entitled To $1m For Oral Contract Modification That Obstructed Performance

• You Won't Squeeze A Penny Out Of Architects & Engineers If No Duty of care Relationship Existed

• Calif.Govt.Can't Bar Private Contractors From Public Projects

• Damages Provision Gives Govt. Justification To Slap Contractor With $60k Bill For Delays

• Payifpaid Contract Gives Contractor Wiggle Room, Requires Sub To Be Patient

• Arbitration Clause Can Be Unilateral, But Acting Party Can't Jump To Litigation

• Decisions Of The Comptroller General