Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty
defamation,tortious interference
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By: Steven J. Koprince, Esq. It seems to happen to honest contractors all the time: a straightforward contract dispute takes a wrong turn, and suddenly the contractor is facing claims such as fraud, deceit, and dishonesty. A contractor’s litigation opponent might assert such claims in the heat of the moment, allowing emotion to sway its [...]
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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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Action against Engineer for Recommending Rejection of MBE Firm’s Bid is Dismissed
Bidding,MBE,Negligence,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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Economic Loss Doctrine Bars Contractor Suit against Engineer
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Breach of Contract,Change Order,Economic Loss,Economic Loss Doctrine,Good faith and fair dealing,Misrepresentation,Negligence,Substantial Completion,tortious interference
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The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The city had a separate contract with an engineering firm [...]
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