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Delay Claim Arose "Under The Contract" Claims Administration

Tuesday, February 03, 2004 11:57 am

Delay Claim Arose "Under The Contract" Claims Administration

A North Carolina court has ruled that a contractor's claim for delay damages and defective design documents arose "under the contract"for purposes of a statutory waiver of the Department of Transportation's sovereign immunity.

The North Carolina DOT awarded a contract to Battle Ridge Companies to widen and relocate a section of highway in Watauga County. Upon completion of the project, the DOT withheld $233,850 in liquidated damages. Battle Ridge responded by filing a verified claim with the State Highway Administrator seeking remission of the liquidated damages plus more than $2.4 million in increased cost [...]

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