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Construction Claims Monthly - Devoted exclusively to the problems of construction contracting since 1963

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Settlement Offer Tendered Too Late Claims Administration; Attorney Fees

Wednesday, November 03, 2004 03:10 pm

 
Settlement Offer Tendered Too Late Claims Administration; Attorney Fees

A Washington court has ruled that a project owner's settlement offer was not timely for purposes of recovering attorney fees from a contractor.

The Town of Lind awarded a contract to Mike M. Johnson, Inc. to install lines for water and wastewater systems. The project involved extensive excavation and the contract documents included logs from test borings performed every 50 feet along the route of the project. The contract included a differing site conditions clause, but it also cautioned that all excavation was unclassified and there would be no additional paymen [...]

 
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