Library - Construction Claims Monthly

Find out what twists and turns the construction claims world is taking. Browse the latest issue of Construction Claims Monthly to stay on top of recent verdicts, smart contracting strategies and common claims missteps:

Searched Library for year - 1996

• The Accuracy Of Davis-bacon Wage Determinations

• Contractor Failed To Give Adequate Notice Of Site Condition Differing Site Conditions-subsurface; No

• Advance Waiver Of Lien Rights Enforced Against Sub Liens; Waiver; Subcontractors Advance Waive

• Authorized Representative's Signature Sufficient Claims Administration

• Intentional Interference Was Exception To Delay Disclaimer Delay-damages; Disclaimers

• Verification Request Provided Notice Of Suspected Mistake Bids-verification; Bids-mistakes

• Weather Not Grounds For Site Condition Or Delay Claim Differing Site Conditions; Delay-compensable;

• Partial Floor Plan Superseded By Industry Manual Plans And Specifications; Changes-constructive

• Owner Waived Remedy For Latent Defect Waiver; Notice

• Design Specs Did Not Impose Performance Standard Plans And Specifications; Changes-constructive

• Specification Did Not Restrict Installation Methods Plans And Specifications

• Branch Office Sufficient For Sba Requirement Bids-responsibility

• Joint Venture Damages Calculated Profit; Joint Ventures

• Prime Could Not Pass Through Subcontractor Claim Subcontractors; Claims Administration

• Delay Damages Resulted From Constructive Change Changes-constructive; Damages

• Owner Prevails In Progress Payment And Site Condition Disputes Differing Site Conditions-subsurface;

• Changed Work On Unit-price Contracts

• Oral Subcontractor Claim Sponsorship Agreement Enforced Claims Administration; Subcontractors

• Joint Check Agreement Did Not Limit Payment Bond Rights Bonds-payment; Waiver

• No Constructive Suspension In Massachusetts Suspension Of Work

• Liquidated Damages Clause Ruled Unenforceable Liquidated Damages

• Site Inspection Should Have Revealed Elevation Problem Inspection-pre-bid

• Rental Rate Used To Price Idle Owned Equipment Suspension Of Work; Delay-damages

• In-house Claim Efforts Not Recoverable Claims Administration

• Specification Governed Table Of Materials Plans And Specifications; Changes-constructive

• No Recovery For Nonexistent Well Differing Site Conditions; Changes-constructive

• Accompanying Documents Save Unsigned Bid Bids-responsiveness

• Prospective Bidder Responsible For Mailing Address Bids-solicitations

• Pay Measurement Ruling Goes Against Contractor Unit Prices; Payment

• Contract Combined Fixed And Unit Prices Unit Prices; Estimates

• Claims Need Not Be Included In Termination Settlement Proposal Termination-convenience; Claims Admin

• Copy Of Letter Insufficient Miller Act Notice Bonds-payment; Notice; Suppliers

• An Update On Sponsoring Subcontractor Claims

• Extra Work Procedure Not Applied To Site Condition Claims Administration

• Public Owner Had No Duty To Enforce Payment Bond Requirement Bonds-payment; Suppliers

• Sub Warranted Prebid Cost Estimates Warranty-implied; Estimates

• Prime Breached Prebid Subcontract Bids; Subcontractors

• Set-off From Final Payment Negates Contractor's Release Payment-final; Release

• Deductive Credit Based On Prebid Estimate Changes-deductive; Estimates

• Shop Drawing Required To Include Installation Details Shop Drawings; Delay-nonexcusable

• No Liquidated Damages After Beneficial Use Substantial Completion; Liquidated Damages

• Self-represented Contractor Denied Appeal Costs Claims Administration

• Bid Nonresponsive Due To Flawed Schedule Bids-responsiveness; Schedule

• Evaluation Preference Did Not Violate Competition Requirement Regulations

• Silence Ratified Subordinate's Directive Claims Administration; Changes-constructive

• Nonbinding Arbitration Requirement Unconstitutional In Nebraska Warranty-express; Arbitration

• Identifiable Claim Justifies Withholding Payment-final; Subcontractors

• Unlicensed Contractor Foiled Despite Owner's Misrepresentation Licenses; Payment

• Recovery Of Change Order Administrative Costs

• Pay-when-paid Clause Did Not Shift Risk Of Owner Nonpayment Payment; Subcontractors; Condition Prece

• Contractor Denied Overhead On Allowance Items Overhead; Bids-solicitations

• SUB RECOVERS DELAY DAMAGES ONLY IF PRIME RECOVERS DELAY-DAMAGES; DISCLAIMERS; SUBCONTRACTORS

• Delay Disclaimer Too Vague To Be Enforced Delay-damages; Disclaimers; Subcontractors

• Sole-source Supplier Allowed To Exploit Position Suppliers; Plans And Specifications

• Daily Job Logs Determine Labor Hours Claims Administration; Changes-directed

• Contractor Bore Risk Of Sub?s Wage Underpayment Changes-directed; Subcontractors

• Expansive Soils Were Differing Site Condition Differing Site Conditions-subsurface

• Buy American Waiver Cannot Be Requested After Award Waiver

• Bid Responsive Despite Failure To Recognize Line Items Bids-responsiveness

• Regular Business" Was Not Definitive Responsibility Criterion Bids-responsibility

• Full Payment Does Not Protect Against Miller Act Liability Bonds-payment; Suppliers

• Lack Of Notarized Affidavit Did Not Preclude Payment Payment-final; Condition Precedent

• Engineer?s Payment Decision Not Final Architects And Engineers; Unit Prices

• Challenging An Arbitration Award

• Aia Incorporation Provision Ruled Ambiguous Incorporation By Reference

• Interference Is Exception To Delay Damage Disclaimer Delay?damages; Disclaimers

• Sub Waived Miller Act Payment Bond Rights Waiver; Bonds?payment

• Pay-if-paid Clause Did Not Apply Condition Precedent; Payment?final

• Clarification Of Change Was Excusable Delay Delay-excusable; Changes?directed

• Drawing Reduction Created Ambiguity Plans And Specifications; Changes?constructive

• Site Condition Claim Denied Differing Site Conditions- Existing Structures

• Bankruptcy Filing Did Not Convert Termination Termination?default

• Unabsorbed Overhead Increases Value Of Delay Claim Delay?damages; Overhead

• Type-over Ruins Bid Bond Bonds?bid; Bids?responsiveness

• Correction Allowed Despite Bidder Negligence Bids?mistakes

• Project Owner Bound By Engineer?s Determination Architects And Engineers; Payment?final

• Withheld Progress Payment Breached Subcontract Payment-progress; Subcontractors

• Engineer Assumed Job Site Safety Responsibilities Architects And Engineers; Safety

• Contractor Waived Ceiling On Architect?s Fee Waiver; Bonds-payment

• Elements Of Delay Damages - Part Ii

• Use Of Own Forces Violated Anti-bid Shopping Law Subcontractors; Bids

• Adr Provision Upheld Despite Absence Of Standard Of Review Claims Administration; Architects And Eng

• Sub Recovers Lower Tier Sub?s Costs From Prime Subcontractors; Claims Administration

• Only Substantial Compliance Required To Earn Progress Payment Payment-progress; Profit

• Liquidated Damages Chart Upheld Despite Dissent Liquidated Damages

• Change Order Consulting Fees Recovered As Direct Cost Changes-directed; Claims Administration

• Interest In Settlement Agreement Binding On Government Interest; Claims Administration

• Request For Deviation Results In Nonexcusable Delay Delay-nonexcusable; Plans And Specifications; Wa

• Labor Claim Reduced Using Jury Verdict Method Damages

• Original Bid Accepted Despite Invalid Facsimile Modification Bids-responsiveness

• Correction Of Line Item Subtotal Was Improper Bids-mistakes

• Contractor Responsible Despite Failure To Encourage Minority Subs Bids-responsibility; Subcontractor

• Appeal Period Not Suspended By Additional Claim Claims Administration

• Owner Not Liable For Failure To Obtain Payment Bond Bonds-payment; Subcontractors

• Owner Did Not Mislead Surety On Contractor?s Status Bonds-performance; Payment-progress

• Elements Of Delay Damages - Part I

• Sub Enforces Prime Contract Unit Price Against Owner Subcontractors; Unit Prices

• Engineer?s Approval Of Deductive Credits Not Persuasive Payment-final; Changes-deductive

• Court Addresses Standby Requirement For Unabsorbed Overhead Delay-damages; Overhead

• Performance Surety Can Be Liable For Delay Damages Bonds-performance; Multiple Prime Contracts

• Lost Labor Productivity Measured According To Manual Delay-damages; Acceleration

• No Attorney Fees In Default Conversion Termination-default; Attorney Fees

• Silence Did Not Waive Contract Requirement

• Government Bungled Shop Drawing Review Shop Drawings; Termination-default

• Agency Specified Method And Result Plans And Specifications

• Locked Door Was Government Mishandling Bids-responsiveness

• Final Payment Affected Owner?s Rights Payment-final; Waiver; Warranty-express

• Punch List Survived Final Payment Payment-final; Waiver; Punch List

• Owner?s Attorney Had No Authority To Suspend Work Claims Administration; Suspension Of Work

• Fuel Adjustment Payments Were Improper

• The Cumulative Impact Of Multiple Changes

• Liquidated Damages Did Not Limit Delay Liability Multiple Prime Contracts; Liquidated Damages; Indem

• Subsurface Data Disclaimer Enforced Differing Site Conditions? Subsurface; Disclaimers

• Contractor Recovers Interest Under State Prompt Payment Act Interest; Payment?final

• Arbitration Limited In Design/Build Contract Arbitration; Architects And Engineers

• Government Bears Risk Of Nondelivery Of Check Payment-progress; Interest

• Proximity To Boring Determines Site Condition Claims Differing Site Conditions-subsurface

• Shop Drawing Approval Did Not Waive Specification Shop Drawings; Waiver

• Deductive Credit Based On Subcontract Price Changes-deductive; Estimates

• Consultant Costs Denied When Price Proposal Was Unsolicited Claims Administration

• Short Performance Period Makes Front-loaded Bid Responsive Bids-responsiveness; Schedule

• Contractor Not Allowed To Perform At Mistaken Bid Price Bids-mistakes; Waiver

• Owner Can Be Liable For Withholding Superior Site Information Differing Site Conditions- Existing St

• Sub Extended Implied Warranties Under Oral Agreement Warranty-implied; Subcontractors

• Removal Of Equipment Was Not Work Under The Contract Liens; Notice

• Site Restriction Was Constructive Change Changes-constructive; Safety

• Subcontractor Price Proposals

• General Contractor Licensing Regulation Overturned Licenses; Subcontractors

• Construction Manager Not Liable To Building Contractor Multiple Prime Contracts

• Sub Owed No Independent Scheduling Duty To Tenant Schedule; Coordination; Notice

• Lien Claimant Liable For Costs Despite Voluntary Withdrawal Attorney Fees; Liens

• Unabsorbed Overhead Denied After Substantial Completion Delay-damages; Substantial Completion

• Manufacturer's Instructions Prevail Over Drawing Plans And Specifications

• Early Thaw Was Not A Differing Site Condition Differing Site Conditions

• Final Decision On Subcontractor Mark-up Not Binding Claims Administration; Overhead

• Final Decision Should Have Been Sent Certified Mail Claims Administration

• Bid Prices Evaluated On Base Bid Only

• Amendments Acknowledged But Bid Schedule Outdated Bids-responsiveness

• Project Labor Agreement Restricted Competition Bids-solicitations

• Exterior Concrete Was Not Additional Work Plans And Specifications; Changes-constructive

• Subcontractor Breakdown Not Required Bids-responsiveness; Subcontractors

• Contractor Liable For Siltation Despite Compliance With Plans Plans And Specifications

• Disguised Sole-source Specifications

• Supplier Sues For Conspiracy To Restrict Competition Plans And Specifications; Suppliers

• Altered Aia Form Made Payment Terms Ambiguous Subcontractors; Payment

• Ohio Court Bars Expert Delay Testimony Claims Administration

• Detail Of Claim Is Within Discretion Of Arbitrators Arbitration; Claims Administration

• Bid Verification Request Need Not Mention

• Equipment Standby Recovered At One-half Operational Rate Suspension Of Work; Damages

• Modified Total Cost Method Disallowed Damages; Profit

• Contractor Defaulted For Ignoring Punch List Termination-default; Punch List

• Costs Recovered For Eaja Application Attorney Fees

• Bid Declared Untimely At Tick Of The Clock Bids-responsiveness

• Discrepancies Prevent Upward Bid Correction

• Subcontractor Denied Timely Site Access Site Access; Interference

• Cost Overrun Allocated Between Contractor And Engineer Joint Ventures; Damages

• Government Warrants Commercial Practicability Of Design Specs Plans And Specifications; Warranty-imp

• Claim Period Not Determined By Completion Certificate Substantial Completion; Claims Administration

• Recovering Anticipated Profit

• General Conditions Were Not Incorporated Into Subcontract Incorporation By Reference; Subcontractors

• Roof Warranty Did Not Cover Damage By Approved Installer Warranty-express; Suppliers

• Contractor Reconstructs Bid To Prove Acceleration Costs Acceleration; Damages

• Cm Liable For Inadequate Supervision Multiple Prime Contracts; Inspection

• No Compensation For Replacement Of Debarred Subcontractor

• Ownership Did Not Imply Superior Knowledge Differing Site Conditions-existing Structures

• Contract Reformed To Correct Completion Date Schedule; Liquidated Damages

• Extended Field Overhead Denied For Initial Suspension Suspension Of Work; Overhead

• Bond Waiver Approval Required Prior To Award Bonds-payment; Waiver

• Unit Price Corrected Despite Extended Price Rule Bids-mistakes; Unit Prices

• Undated Certification Flawed Bid Bond Bonds-bid; Bids-responsiveness

• Sub Pursues Claim Against Single Joint Venture Partner Joint Ventures; Scope Of Work

• Mechanic's Lien Did Not Exceed Contract Price Liens

• Payment Bond Did Not Cover Extra Work Bonds-payment; Changes-constructive

• Claims Segregated For Purposes Of Arbitration Arbitration; Claims Administration

• Site Access Problems

• Contractor Allowed To Sue Engineer For Breach Of Warranty Warranty-implied; Architects And Engineers

• Subcontract Notation Governed Pay-if-paid Clause Payment; Subcontractors; Condition Precedent

• Contractor Bound By Terms On Supplier?s Job Ticket Indemnification; Suppliers

• Sub Reserves Lien Rights And Recovers Against Payment Bond Bonds-payment; Liens; Disclaimers

• Board Addresses Recovery Of In-house Counsel Fees

• Unabsorbed Fixed Costs Recovered On Quantity Underrun

• Unabsorbed Overhead Recovered For Standby But Not Changes

• Deductive Credit Includes Overhead And Profit

• Late Completion Caused By Government Response To Site Condition

• Below Cost Bid Acceptable On Hybrid Contract Bids-responsiveness; Bonds-bid

• Separate Bonds Not Required For Alternate Bids

• Arbitration Valid Despite Contractor?s Late Demand

• Subcontract Superseded Delay Disclaimer In General Conditions

• Surety Discharged By Change Orders Bonds-payment; Changes-directed

• Owner Liable To Supplier For Lack Of Bond