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Subcontractor Entitled to Punitive Damages for Prime’s Breach of Contract

by Kent Holland | Jun 27, 2013 | Newsletter Article

A written subcontract called for the Subcontractor to perform certain debris removal. This work was necessitated by Hurricane Katrina.  Although the contract was only for work to be performed north of a particular highway, the subcontractor claimed that shortly after...

No-Damage-For-Delay Clause Enforced Even If Delay Caused by Owner’s Breach of Contract and Arbitrary Actions

by Kent Holland | Mar 29, 2013 | Newsletter Article

Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal.  Also, an award of $10.5 Million attorneys fees was granted to the Owner...

Contractor Owed Liquidated Damages Where it Failed to Timely Seek Change Order for Owner Caused Delay

by Kent Holland | Mar 28, 2012 | Newsletter Article, time limits

Where a general contractor failed to follow contract procedures to submit a time extension request, a city was entitled to collect liquidated damages from the contractor despite the fact that the city caused the delay.  Since the contractor failed to follow the...

Contractor Suit Dismissed for Failure to Follow Claim Procedures of Contract

by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits

A homebuilder’s lawsuit against a city and its architectural firm for refusing to grant change orders for additional costs was rejected by a court because the contractor failed to comply with a contractual requirement that it give written notice to the architect of...

Architect’s Decision Final where Contractor Failed to Satisfy Arbitration Filing Requirements

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor failed to comply with arbitration notice and filing requirements, the architect’s decision became final and binding, and the contractor had no further recourse to arbitrate or litigate its dispute with a homeowner. The AIA form contract that was at...
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