Contractor Permitted to Sue Architect for Implied Warranty of Specifications
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Contractor Claims against Design Professionals,Economic Loss Doctrine,Implied Warranty of Specifications,Specifications (Defective),Standard of Care
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A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied warranty of the plans and specifications to design the house, aligned in a manner [...]
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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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Government Warranty of Performance-Type Specifications
Acceleration,Federal Government Contracts,Implied Warranty of Specifications,Specifications (Owner implied warranty)
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Two recent Board of Contract Appeals decisions addressed the conflict between the Government’s implied warranty of its design and its attempt to disclaim that warranty through the use of performance specifications. In both cases, the Boards allowed the contractors to recover damages. In Edsall Construction, Inc., ASBCA No. 51,787, 01-1 BCA 31,425, the Government awarded [...]
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Engineer Not Liable for Breach of Implied Warranty of Design
Betterment,Damages,Differing Site Conditions,Implied Warranty of Specifications,Negligence,Warranties
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When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of implied warranty. Because the soil condition was an unanticipated, differing site condition, [...]
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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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