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Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

by Kent Holland | Feb 14, 2023 | Newsletter Article

A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order.  The court held that the language of the subcontract...

Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

by Kent Holland | Jan 9, 2023 | Newsletter Article

A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order.  The court held that the language of the subcontract...

Contractor Not Responsible for Foundation Failure Since Change Order Revised the Design

by Kent Holland | Dec 19, 2016 | Newsletter Article

Where a contractor sought a request for clarification to the project architect concerning whether rebar was to be tied from the floor slab to the pile caps, the architect responded with a clarification, that ultimately became a change order, directing the slab rebar...

Federal Contracts: Attorneys Fees Incurred for REA Preparation and Negotiation are Allowable Says U.S. Court of Appeals in Tip Top Construction

by Kent Holland | Dec 10, 2012 | Newsletter Article

Article by J. Kent Holland – ConstructionRisk Counsel, PLLC In an important decision clarifying that attorneys fees incurred by a contractor in preparing and negotiating a change order or Request for Equitable Adjustment (REA) are allowable to be directly charged to...

Economic Loss Doctrine Bars Contractor Suit against Engineer

by Kent Holland | Dec 31, 2010 | Newsletter Article

The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The...

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