Subcontractor Was Wrongfully Terminated Where Its Performance was Delayed by the Prime Contractor and Others
ConstructionRisk.com Report Vol. #13, Issue #7
See article in the following topic indices:
Damages - Liquidated,Default Termination,Delay,Interference with Contract,Liquidated damages,Termination
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Demolition delays by others for whom the subcontractor was not responsible significantly impeded the subcontractor’s ability to timely perform its work. Stored equipment and activity of other subcontractors prevented the subcontractor from accessing work areas. And revisions to plans that were required as a result of design errors required removal and relocation of piping the [...]
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No Damage for Delay Clause Not Enforced
Damages,Delays,Foreseeable,Fraud,Indemnification,Interference with Contract,No-Damage-for-Delay,tortious interference
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A construction contractor was delayed in completing a road construction project by a flaw in the design provided by the project engineer. The project owner (Broward County, Florida) denied the contractor’s delay and impact claim, asserting that it was barred by a contract provision entitled “No Damages for Delay.” The courts held that to the [...]
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Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed
ConstructionRisk.com Report Vol. #13, Issue #2
See article in the following topic indices:
bid rejection,bidder responsibility,bidder responsiveness,Fraud,Interference with Contract,MBE,minority business,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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