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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...

Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract

by Kent Holland | Jun 10, 2013 | Newsletter Article

Summary Judgment must be granted to Architect against Contractor’s suit that claimed Architect tortuously interfered with its contract by recommending that the project owner terminate the contractor for default.  The architect based its recommendation on what it...

Default Termination of Contractor Defective for Failure of Owner to Provide Architect’s Certificate of Good Cause for Termination

by Kent Holland | Mar 28, 2012 | Newsletter Article

Where City terminated its contractor for cause, the contractor moved for summary judgment arguing that the termination was defective for lack of an architect’s certificate of good cause for termination as required by the applicable AIA A201 contract document.  On the...

Subcontractor Was Wrongfully Terminated Where Its Performance was Delayed by the Prime Contractor and Others

by Kent Holland | Jul 13, 2011 | Newsletter Article

Demolition delays by others for whom the subcontractor was not responsible significantly impeded the subcontractor’s ability to timely perform its work.  Stored equipment and activity of other subcontractors prevented the subcontractor from accessing work areas.  And...

Subcontractor forfeits right to arbitration by filing demand untimely

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

Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking...
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