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Missing Waivers Did Not Justify Forfeiture Of Retainage Retainage; Waiver; Delay-excusable

Monday, May 09, 2005 02:51 pm

 
Missing Waivers Did Not Justify Forfeiture Of Retainage Retainage; Waiver; Delay-excusable

A Texas court has ruled that once a contractor achieved substantial completion of a project, the contractor's failure to furnish subcontractor lien waivers did not justify the owner's retention of the entire contract balance.

TA Operating Corp. awarded a fixed-price contract to Solar Applications Engineering, Inc. for construction of a truck stop/travel center in San Antonio. Soon after work commenced, the parties discovered that TA had furnished Solar with an outdated set of drawings upon which Solar had relied when preparing its bid. This resulted in the issuance of 118 chan [...]

 
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