by Kent Holland | Feb 9, 2011 | Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By: Robert J. MacPherson, Esq. Surety bonds are contracts and the rights and obligations of the parties will be determined in accordance with basic principles of contract law. The size of the claims and complexity of the project will not impact the result. That is...
by Kent Holland | Feb 9, 2011 | differing site conditions, Newsletter Article
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor...
by Kent Holland | Feb 9, 2011 | Newsletter Article
There are no “industry standard” construction form documents. But the forms issued by the American Institute of Architects (AIA) come close, being widely used. One key provision to be considered is the issue of consequential damages. “Consequential damages” are...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When an insurance carrier refused to defend the owners of a building under a general liability policy against claims by occupants alleging injuries from toxic fumes from carpeting, the owners sued the carrier to enforce their rights under the policy. They also sued...
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