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Merger Clause Relieved 'Build' Sub Of Duty To Perform 'Design' Sub's U

Wednesday, July 07, 2010 04:13 am


Design-Build BMAR & Associates, Inc. v. Midwest Mechanical Group , 2010 U.S. Dist. Lexis 40183 (D. Md. April 23, 2010)


A contractor unreasonably expected a subcontractor to take over project design work without compensation based on an oral agreement; the subcontract clearly named another sub as the designer.


BMAR and Associates, Inc. (BMAR) was the contractor on a federal government design/build project to install a boiler system on Andrews Air Force Base in Maryland. BMAR first subcontracted the boiler system's design and installation to Kroeschell, Inc. (Kroeschell). The work consisted of three phases: site investigation, architectural/engineering design and construction. After completing the site investigation and most of the engineering design work, Kroeschell could not get bonded and therefore could no longer perform on th [...]

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