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Sub Falls For 'OR Equal? Trap Fails To Supply Proper Brand Of Tank Liner

Monday, October 04, 2010 03:45 am


Scope Of Work

John T. Jones Constr. Co. v. Hoot Gen. Constr. Co., Inc., 2010 U.S. App. LEXIS 15061 (8th Cir. July 22, 2010) A sub found out the hard way that installing a particular brand of wastewater holding tank liner was a contractual obligation.

Subcontractor Hoot General Construction (Hoot) lost its fight to install an Ameron brand tank liner as part of a wastewater treatment facility upgrade project owned by Des Moines Metropolitan Wastewater Reclamation Authority (WRA). The WRA?s contract engineer, Black & Veatch Corporation (B&V), created the project specifications, which required the tank liner be Linabond brand "or equal."

B&V had the discretion to determine "equal" liner brands. Hoot was initially concerned about the Linabond-orequal  specific [...]

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