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 - 2012

• OKAY TO ASSESS LIQUIDATED DAMAGES EVEN IF ACTUAL DAMAGES DON'T MATERIALIZE

• GOVT. COULDN'T DRAW CAUSAL LINK BETWEEN DAMAGES AND FAULTY DESIGN

• SUB BORETHE RISK OF AN INDEFINITE SCOPE AT A FIXED PRICE

• NO STATE LAW REMEDY WHERE MILLER ACT REIGNS

• WHERE PARTIES ACT LIKE THERE IS A CONTRACT, THERE USUALLY IS

• ARCHITECT'S DECISION NOT 'FINAL' UNLESS CONTRACT EXPLICITLY SAYS SO

• CONTRACTOR'S LIEN IMPROPERLY INCLUDED PROFITS AND UNUSED MATERIALS

• GEO REPORT'S 'RANGE OF POSSIBILITIES' DID ANTICIPATE WET, STICKY SOIL

• CONTRACTOR STRIPPED OF BORROW-SITE RIGHTS AFTER IT STRIPPED A HISTORIC SITE

• TEXAS UPHOLDS NO DAMAGES FOR DELAY--NO MATTER THE CAUSE

• CONTRACTOR BORE RISK OF PERFORMANCE INTERFERENCE BY THIRD PARTY

• DESIGN/BUILD CONTRACT NEED NOT IDENTIFY A SINGLE RESPONSIBLE ENTITY--TEAMS ARE ALLOWED

• CONTRACT FOR INDEFINITE DURATION WAS TERMINABLE AT WILL

• TERMINATED SUB RELIES ON PAYMENT REQUESTS AS EVIDENCE OF CONTRACT COMPLIANCE

• TORT-BASED CLAIMS FAIL WHERE CONTRACT BREACH REMEDY IS AVAILABLE

• NO CONTRACTOR FRAUD WHERE CONTRACT ALLOWED FOR MAJOR WORK SCOPE REDUCTIONS

• BID BOND GUARANTEED PERFORMANCE BUT NOT PAYMENT

• Delay Notice Provision Won't Bar Recovery Without An Express Condition

• No Pay For Extra Work Without Written Change Order

• Complaint Facts Must Be Specific To Trigger CGL's Property Damage Coverage

• Owner Can't Sue Architect For Defects It Knewabout5 Years Prior

• 'Total Time Theory' Can't Excuse Contractor's Delay

• Payroll Records Show Miller Act Claim Was Timely

• Contractor Could Not Appeal Disputed Liquidated Damages

• High Heat In A Power Plant Was Not A Surprise Condition

• Non-Compliance With Solicitation Allowed--with A Detailed Explanation

• A True Design-build Contractor Shoulders All The Risk

• CGL Insurer Had No Duty To Defend Defective Contract Work

• Anti-Indemnification Statute Doesn't Negate Limitation-of-Liability Clauses

• City's 'No Liability' Clause Can't Shield It From Delay Damages It Caused

• Work Left Unfinished By Original Contractor Was A 'Concealed Condition'

• No More Cost Claims Once Contract Has Unambiguously Ended

• Contractor Entitled To 43 Days Extension Despite' Accord& Satisfaction' Release Language

• Govt. Has Broad Discretion To Make Price/Technical Trade-Offs

• Who's The' Prevailing Party'? You May 'win' And Still Not Collect Attorney's Fees

• Sub Can't Sue Govt. For Payment, Took Too Long To Seek Recovery

• Contract Privity Didn't Bar Sub's Tort Claims For An Unfulfilled Payment Promise

• A Unilateral Arbitration Clause Isn't Generally Void

• Govt. Must Mitigate Its Reprocurement Damages After A Default

• Out-Of-State Forum Selection Clause Void In Louisiana

• Contract's Notice Provisions Apply Even After Termination

• No Govt. Contract Where Signatory Lacked Authority

• No Tort Recovery For Negligent Design, Even Where There's No Contract

• A True Pass-through Claim Is Not An Assignment Of Rights

• State Law Trumps Contract's 30-day Notice Requirement

• Adding A Missing Zero Was A Material Bid Change That Voided A Contract

• Modification Doesn't Forge New Contract If It Doesn't Extinguish Prior Promises

• Contractor Caught Between Unpaid Sub And Govt. Refusal To Pay An Undisputed $2 Million

• 'Commercial Impossibility' Has No Chance Where Another Contractor Proves Possibility

• Site May Have Been Overgrown, But Contractor Was Not Overworked

• When One Party's Contract Breach Excuses The Other's

• Bid Clause Didn't Thwart 'Bid Shopping'-- Or Forge A Contract

• Sub's Lien Wasn't Protected From Contractor's Default

• Contractor Entitled To Relief Under Sub's Payment Bond

• Sub That Was Forced To Work Twice As Fast Cries Fraud

• Govt. Will Pay If It Pushed Work Into Adverse Weather

• Extraneous Documents Included With Bid Are Part Of The Bid

• Bid Price Unrealism Reveals Lack Of Understanding

• CDA Claim Must Convey Desire For Final Decision

• Court Couldn't Detect Intent In Unsigned Email Contract

• Owner Wins $3.9 Million In Damages For Faulty Work

• Owner's Conduct Waived Condition Precedent To Payment

• A 'Release' Is A Contract, Requires Adequate Consideration

• Miller Act Time Limit Doesn't Negate Payment Condition

• Loss Of Future Profits Claim Too Remote And Speculative

• Bid's Price Omission Was A Minor Informality

• No Supply Contract? You Can Still 'Recoup' For Defective Materials

• It Takes An Expert To Refute Architect's Skill And Care

• Economic Loss Loophole Too Narrow For Design Misrepresentation Claim

• Default Termination As Unsound As The Site Conditions It Ignored

• An 'Option' Is Not A Contractual Promise

• Surety Had Absolute Discretion To Pay Bond Claims

• 'May' Weakens Authority Of Forum Selection

• Name Change Was A Legal Change In Entity, Not A Formality

• Fca Demands Who, What, Where, When & How

• Critical Design Error Set Contractor Up For Failure

• Foreseeable Subsurface Sand Didn't Alter Work Scope

• Multiple-option Changes Clause Opens Multiple Routes To Relief

• 'Order Of Precedence' Clause Clears Away Potentialambiguity

• Time For Bid Receipt = Local Time

• Bid Bond Is Acceptable Where Proper 'on Its Face'

• Best-value Rationale Sound Despite Govt. Typo

• Miller Act Surety Not Bound By Arbitration Award Against Contractor

• Autonomy Under Design-build In Govt. Context Is Pretty Limited

• No To Delay Damages, Yes To Equitable Adjustment

• Memo Of Understanding Was A Binding Contract

• Notice Of Claim Must State Specific Damages Amount

• Govt. Should Have Warned Sub It Was Installing Underrated Equipment

• Govt. Solicitation May Have Overstated Project's Minimum Needs

• A Partial Triumph Wins Access To Eaja Fees

• Bid That Led To Performance Was A Binding Contract

• 'Don't Worry' Promise No Substitute For Written Change Order

• Owner's Payment Clause Creates Ambiguity For Pay-if-paid

• Written Indemnity Contract Enjoys Long Time Limit In Illinois

• Owner's Failure To Protect Against Defects Caused Delay

• Contractor May Pay For Extra Wet Soil That Weighed Down Sub

• Plans & Specs Didn't Cause Sub To Underbid