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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Ambiguity in Design-Build Contract Specs Interpreted in Favor of Contractor
Ambiguous Specifications,Contra proferentem,Design-Build,Specifications (Defective)
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by Michael C. Loulakis Record Steel and Construction v. United States , 62 Fed. Cl. 508 (2004), provides an excellent example of the evolution of design-build caselaw. The dispute in this case involved whether a design-build contract required foundations to be over-excavated. The design-builder argued that the contract unambiguously made over-excavation a design recommendation – [...]
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Managing Contract Changes
Ambiguous Specifications,Change Orders,Contractor Claims against Project Owner,Delay,Managing Contract Changes,Specifications (Defective)
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by J. Gerard Boyle Claims Analyst and Senior Project Manager Revay and Associates Limited – Toronto Shortly after work commences on design-bid-build projects all over this country, it can be predicted with reasonable certainty that the Owner and/or Consultant will confidently announce to the General Contractor (GC) and its subtrades: “There will be no contract [...]
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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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Sovereign Immunity Does Not Bar Contractor Claim for Contested Work
Ambiguous Specifications,Change Orders,Scope of Work,Sovereign Immunity,Specifications (Defective)
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A general contractor, under contract to the Brevard County School Board was required by the architect to install a more expensive fire protection system than it believed was called for by its contract. It argued that the architect misinterpreted the contract and thus required the contractor to install an upgraded system, which in essence constituted [...]
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Case against Engineer Dismissed for Lack of Expert Affidavit
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Expert Affidavit,Specifications,Specifications (Defective)
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Where an insurance carrier brought a subrogation claim against a engineering firm and its subconsultants to recover insurance monies it had paid under its property policy to its insured townhouse owner as a result of damages to a party wall that occurred during remodeling, summary judgment was properly granted to the engineer due to failure [...]
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Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Ambiguous Specifications,Federal Government Contract,Request for Equittable Adjustment,Specifications,Specifications (Defective)
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Where Navy’s plans and specifications for roofing work were less than clear, and the contractor reasonably interpreted the contract as calling for waterproof paint rather than multiple-ply flashing material, the Court of Appeals for the Federal Circuit found the contractor’s interpretation was reasonable and it was therefore entitled to recover its costs for installing the [...]
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