Waiver and Release Language in Change Order Bars Further Recovery
Change Orders,Request for Equitable Adjustment,Waiver and Release
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Contractor that entered into a number of change orders for additional payments from the project owner (U.S. Navy) was barred from claiming entitlement to additional compensation when the Government subsequently terminated since each of the change orders contained language releasing the Navy as to the matters covered by the change orders. In J.C. Equipment Corp. [...]
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Equitable Adjustment Allowed for Deductive Change Despite Contractor’s Unbalanced Bid
Bidding,Change Orders,Deductive Change,Request for Equitable Adjustment,Unbalanced Bids
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By: Philip R. White, Esq. Where a public owner issued a deductive change order, it was required to equitably adjust a contract despite the absence of an equitable adjustment clause in the contract, despite the absence of specifications or applicable public contracts law, and despite the fact that the contractor’s bid was unbalanced . In [...]
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Subcontractor Barred from Appealing Federal Government Decision on a Prime Contract Dispute Even though it was 3rd Party Beneficiary
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Federal Government Contract,Request for Equitable Adjustment,Standing to Appeal,Subcontractor issues,Third party beneficiary
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Subcontractor is not permitted under the Contracts Disputes Act (CDA) to bring an action against the federal government where the prime contractor failed to pay the subcontractor for its work. This is true even though the federal department (U.S. Navy) committed to issuing a two-party check because it knew the subcontractor was having difficulty getting [...]
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