Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay
ConstructionRisk.com Report Vol. #14, Issue #4
See article in the following topic indices:
Change Orders,Claims Procedures,Contract Procedural Requirements,Delay,Liquidated damages,Time Limit
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Where a general contractor failed to follow contract procedures to submit a time extension request, a city was entitled to collect liquidated damages from the contractor despite the fact that the city caused the delay. Since the contractor failed to follow the procedures to claim an extension of time, the trial court would not even [...]
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Contractor Suit Dismissed for Failure to Follow Claim Procedures of Contract
Change Orders,Claims,Contract Procedural Requirements,Notice Requirements,Time Limit
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A homebuilder’s lawsuit against a city and its architectural firm for refusing to grant change orders for additional costs was rejected by a court because the contractor failed to comply with a contractual requirement that it give written notice to the architect of its breach of contract claims against the city before initiating litigation. In [...]
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Architect’s Decision Final where Contractor Failed to Satisfy Arbitration Filing Requirements
Arbitration,Contract Procedural Requirements,Finality of Architects Decision,Notice Requirements
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Where a contractor failed to comply with arbitration notice and filing requirements, the architect’s decision became final and binding, and the contractor had no further recourse to arbitrate or litigate its dispute with a homeowner. The AIA form contract that was at issue in the case of Martel v. Bulotti, 65 P.3d 192 (2003), provided [...]
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Managing Killer Clauses in Construction Contracts: Part II
Contract Language,Contract Negotiation,Contract Procedural Requirements
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This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual risk management is to understand the contract and its [...]
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