Accord and Satisfaction Barred Contractor Claim for Additional Compensation
Accord and Satisfaction,Federal Government Contracts,Misrepresentation,Waiver and Release
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Where a contractor timely completed a construction contract for the U.S. Army Corps of Engineers and accepted payment which included changes required by the Corps, the contractor was barred from later filing a claim for additional compensation. The claim was barred by accord and satisfaction because when signing change orders the contractor did not reserve [...]
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Do You Really Want to Cash that Check?
Accord and Satisfaction,Partial Payment,Payment Issues,Waiver and Release
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Everyone involved in construction contracts is concerned about payment. Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed; and subcontractors are concerned about getting paid at all. Given these concerns, it is easy to see why [...]
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Accord and Satisfaction Language Barred Contract Claim
Accord and Satisfaction,Final Payment,Payment Issues,Settlement Agreement
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Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor from claiming additional monies under its contract. In Gelles & Sons General [...]
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