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

Saturday, August 04, 2007 12:33 pm

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

In a dispute over whether designs provided sufficient interstitial space to accommodate building systems, the U.S. Civilian Board of Contract Appeals (Board) denied a subcontractor's claim to recover nearly $1 million related to defective drawings.

From 2001 to 2004, Mitchell Enterprises (Mitchell) constructed a new United States courthouse in Laredo, Texas, under a contract with the General Services Administration (GSA). Mitchell subcontracted the mechanical and plumbing work to LDI Metalworks, Inc. (LDI).

The parties disagreed over how much of the space between stories was the interstitial space LDI might reasonably have expected to be available for placement of mechanical and plumbing systems it subcontracted to install. The disagreement concerned whether the space between [...]

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