by Kent Holland | Feb 8, 2011 | Newsletter Article
As the editor of this newsletter, I (Kent Holland) hesitated to include this material as an article since many will conclude that is sounds like it promotes Constructware, Inc.’s particular system. This is because it was written by one of their software...
by Kent Holland | Feb 8, 2011 | Newsletter Article
The construction defect fiasco in California led to the creation, by the specialty insurers, of the subsidence exclusion for attachment to the commercial general liability policies of homebuilders. Originally the exclusion applied only to completed operations property...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Bidders on most sealed-bid federal contracts are required to furnish a bid guarantee along with their bids. The bid guarantee is usually provided in the form of a bid bond issued by a Treasury-listed surety company. The purpose of the bid bond is to guarantee the...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Two recent Board of Contract Appeals decisions addressed the conflict between the Government’s implied warranty of its design and its attempt to disclaim that warranty through the use of performance specifications. In both cases, the Boards allowed the...
by Kent Holland | Feb 8, 2011 | Newsletter Article
When the U.S. Government terminated a contractor for failure to perform in accordance with the contract provisions, the contractor’s surety asserted that the termination was wrongful and refused to pay on the performance bond. After much litigation it was held...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits, the court held that the contract between the CM and owner did not...
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