Ambiguity in Design-Build Contract Specs Interpreted in Favor of Contractor
Ambiguous Specifications,Contra proferentem,Design-Build,Specifications (Defective)
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by Michael C. Loulakis Record Steel and Construction v. United States , 62 Fed. Cl. 508 (2004), provides an excellent example of the evolution of design-build caselaw. The dispute in this case involved whether a design-build contract required foundations to be over-excavated. The design-builder argued that the contract unambiguously made over-excavation a design recommendation – [...]
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Managing Contract Changes
Ambiguous Specifications,Change Orders,Contractor Claims against Project Owner,Delay,Managing Contract Changes,Specifications (Defective)
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by J. Gerard Boyle Claims Analyst and Senior Project Manager Revay and Associates Limited – Toronto Shortly after work commences on design-bid-build projects all over this country, it can be predicted with reasonable certainty that the Owner and/or Consultant will confidently announce to the General Contractor (GC) and its subtrades: “There will be no contract [...]
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Contractor Wins Claim on Implied Warranty of Specifications
Ambiguous Specifications,Defective Specifications,Federal Government Contracts,Implied Warranty of Specifications,Specifications (Defective),Specifications - Patent Defects,Specifications - Performance Based
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When a contractor expends time and money attempting to comply with design specifications that fail to accomplish the owner’s performance needs, it is entitled to recover its costs from the owner on the basis that the owner breached its implied warranty of specifications. A curtain wall contractor on a federal courthouse was entitled to an [...]
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Sovereign Immunity Does Not Bar Contractor Claim for Contested Work
Ambiguous Specifications,Change Orders,Scope of Work,Sovereign Immunity,Specifications (Defective)
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A general contractor, under contract to the Brevard County School Board was required by the architect to install a more expensive fire protection system than it believed was called for by its contract. It argued that the architect misinterpreted the contract and thus required the contractor to install an upgraded system, which in essence constituted [...]
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Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Ambiguous Specifications,Federal Government Contract,Request for Equittable Adjustment,Specifications,Specifications (Defective)
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Where Navy’s plans and specifications for roofing work were less than clear, and the contractor reasonably interpreted the contract as calling for waterproof paint rather than multiple-ply flashing material, the Court of Appeals for the Federal Circuit found the contractor’s interpretation was reasonable and it was therefore entitled to recover its costs for installing the [...]
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