Accord and Satisfaction Barred Contractor Claim for Additional Compensation

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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?

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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

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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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