What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?

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ConstructionRisk.com Report Vol. #14, Issue #5

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Vinyl floors installed by contractor in the operating rooms of a new hospital suffered from bubbles and split seams, and created a rough and uneven surface.  For over a year the contractor attempted to correct the problems, and did so for beyond the one year warranty period.  When it became apparent to the hospital, however, [...]

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The Ball’s in My Court (Because I Drafted the Contract) and I’m the Referee (or Chief Executioner)

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Dispute resolution provisions in public contracts empowering the public owner to render binding, final decisions on all disputes arising under the contract, subject to limited judicial review, have been upheld in numerous states as not being in violation of public policy.  New York is one such a state.  In contrast, such a provision has been [...]

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No Compensation owed to contractor who performed extra work without written authorization

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It is surprising how many cases there are in which a consultant or contractor performs additional services or work for an owner without first adhering to notice and approval requirements of the contract. Failure to obtain authorization for additional work from the owner’s designated representative can, and often does, bar entitlement to be paid for [...]

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