Accord and Satisfaction Barred Contractor Claim for Additional Compensation
Accord and Satisfaction,Federal Government Contracts,Misrepresentation,Waiver and Release
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Where a contractor timely completed a construction contract for the U.S. Army Corps of Engineers and accepted payment which included changes required by the Corps, the contractor was barred from later filing a claim for additional compensation. The claim was barred by accord and satisfaction because when signing change orders the contractor did not reserve [...]
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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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Do You Really Want to Cash that Check?
Accord and Satisfaction,Partial Payment,Payment Issues,Waiver and Release
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Everyone involved in construction contracts is concerned about payment. Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed; and subcontractors are concerned about getting paid at all. Given these concerns, it is easy to see why [...]
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Change Order Bars Owner’s Claim Against A/E
Copyright of Documents,Settlement Agreement,Waiver and Release
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The owners of a home under construction were sued by an architect whose copyrighted plans were used without permission in the design and construction of their new house. This architect (Mr. Page) sued the owners (Mr. and Ms. Gunthrop) for copyright infringement. A court granted a temporary injunction preventing the owners from completing the [...]
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Subcontract Claim against General Contractor Barred by Waiver and Release Agreement
ConstructionRisk.com Report Vol. #13, Issue #1
See article in the following topic indices:
Change Orders,Contractor Claims against Project Owner,Waiver and Release
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A subcontractor sued the general contractor for breach of contract and quantum meruit, and also the contractor’s surety on a Miller Act claim. What the subcontractor sought was payment for unanticipated costs incurred in constructing a federal law enforcement training center. It alleged that it had performed additional work in reliance on oral promises that [...]
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