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Sub Terminated Unjustly For Lack Of Progress Schedule; Termination-default

Thursday, June 09, 2005 03:00 pm


A Texas court has ruled that a prime contractor unjustly terminated a subcontractor for failure to make adequate progress.

The City of Fredricksburg awarded a contract to Guerrero-McDonald & Associates, Inc. (GMA) for construction of a visitor information center. GMA subcontracted the site preparation and concrete work to Graham Construction. GMA provided Graham with a project schedule indicating that the concrete slab had to be completed by April 8.

On March 25, GMA told the City's architect the project was on schedule. The architect's field notes of that date indicated that the formwork was underway. On March 27, after a [...]

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