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Unforeseen site conditions typically spawn two types of claims based on two distinct but related theories: differing site conditions (DSC) and defective specifications. A contractor may attempt to circumvent the limitations on recovery under a DSC provision by characterizing its claim as one for breach of contract due to defective specifications. In Comptrol Inc v. [...]
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Where a contractor had to revise the government’s design and expend additional time and expense to construct a door for a helicopter hangar, the government argued unsuccessfully that the contractor was barred by a general disclaimer from claiming entitlement to a change order for its extra costs. The specifications contained a general disclaimer advising prospective [...]
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A/E Potentially Liable to Contractor for Defective Design Documents
Contractor Claims against Design Professionals,Defective Specifications,Economic Loss Doctrine,Specifications (Defective),Third
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A general contractor sued a project architect, alleging that the architect prepared erroneous design documents knowing that the project owner would supply them to the successful bidder who would be injured if they were inadequate. An appellate court held the allegations were sufficient to establish a special relationship between the parties, thus permitting the suit [...]
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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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