Court Has No Jurisdiction Over a Contractor Claim that Was Based on an Issue Raised to the Contracting Officer for Final Determination but Not Sufficiently Detailed and Explained; Notice Provisions Enforced Against Contractor, and Liquidated Damages Held to be Enforceable

by Kent Holland | Jul 13, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where a contractor amended its complaint in an action against the United States to include a claim for remission of liquidated damages on the basis that it was entitled to a time extension, but the contractor did...

Failure to Give 10-Day Notice to Government Deprives Contractor of Right to Recovery

by Kent Holland | Jul 13, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a design-build contractor under a federal government contract was terminated for default for failure to perform work consistent with the project schedule, it was default terminated. The contractor filed suit against the...

No Damage for Delay Clause Unenforceable Where Owner’s Intentional Misconduct Caused the Delay; And Lien Releases do not Release Claim Previously Submitted by Contractor

by Kent Holland | Jul 13, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...

Communication with a Lawyer is not Automatically Protected from Discovery by Attorney-Client Privilege

by Kent Holland | Jul 13, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., J.D ConstructionRisk, LLC When a lawyer working as a risk manager brought a sex discrimination and Equal Pay Act claim against her former employer, the former employer filed a motion for a protective order, claiming that the woman was an...

Civilian BCA Accepts Jurisdiction over Contract Interpretation Issue and Grants Declaratory Relief Entitling Contractor to Suspend

by Kent Holland | Mar 23, 2015 | Newsletter Article

By Gail S. Kelley, P.E., JD ConstructionRisk, LLC The U.S. Civilian Board of Contract Appeals concluded that declaratory relief in situations involving a “fundamental question of contract interpretation or a special need for early resolution of a legal issue” is...

Implied Warranty of Habitability Extends only to Original Purchaser of Home, says Pennsylvania Supreme Court

by Kent Holland | Mar 23, 2015 | Newsletter Article

Where the second purchasers of a home sued the builder asserting a breach of implied warranty of habitability, a 2012 Pennsylvania Superior Court decision held that despite the lack of privity of contract between the parties, public policy dictated that the subsequent...