Equitable Adjustment Allowed for Deductive Change Despite Contractor’s Unbalanced Bid
Bidding,Change Orders,Deductive Change,Request for Equitable Adjustment,Unbalanced Bids
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By: Philip R. White, Esq. Where a public owner issued a deductive change order, it was required to equitably adjust a contract despite the absence of an equitable adjustment clause in the contract, despite the absence of specifications or applicable public contracts law, and despite the fact that the contractor’s bid was unbalanced . In [...]
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Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed
Bidding,MBE,Negligence,tortious interference
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An MBE firm’s suit against an engineering firm for recommending rejection of its low bid on a public road project was dismissed on summary judgment which was affirmed on appeal. The causes of action included racial discrimination, tortious interference with business expectancy, and malpractice. The engineer was under contract to the county road commission and [...]
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Engineer Sued by City for Negligently Recommending Acceptance of Low Bidder
ConstructionRisk.com Report Vol. #13, Issue #1
See article in the following topic indices:
Bidding,Contractor Claims against Design Professionals,Negligence
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Where an engineer was required by contract with a city to recommend a contractor following competitive bidding, a court held that because the bid by the contractor that the engineer recommended be accepted was dramatically lower than the other bidders, it was foreseeable that the contractor could not, or would not, perform the services for [...]
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