by Kent Holland | Feb 8, 2011 | Newsletter Article
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...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A construction contractor on a design-build wastewater treatment construction project filed suit against the engineering firms that had entered with them into the design-build venture. A Georgia state statute requires that an expert affidavit be filed with a...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where the government took beneficial occupancy of a building after the scheduled completion date, it assessed liquidated damages against the contractor for late completion. This was on the basis that until the contractor successfully tested the fire alarm system it...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was...
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
Contract provisions requiring contractors to perform site investigation and inspection prior to bidding did not impose the risk of subsurface conditions on the contractor, and therefore, did not preclude a claim for equitable adjustment. When the contractor began...
by Kent Holland | Feb 8, 2011 | Newsletter Article
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...
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