by Kent Holland | Mar 14, 2023 | Newsletter Article
Foundation subcontractor sought extra payment for alleged differing site conditions related to rock found in the excavation area. The geotechnical report provided by the contractor showed several boring holes with this type of hard rock. But an email from the...
by Kent Holland | Jan 14, 2015 | differing site conditions, Newsletter Article
Contractor brought suit seeking additional compensation for costs resulting from differing site conditions and alleged inaccurate site plans. The Owner counterclaimed for liquidated damages based on delayed completion, being a 397 day delay at $700/day. The court...
by Kent Holland | Dec 17, 2014 | differing site conditions, Newsletter Article
By Charlie G. Baxley Bradley Arant Boult Cummings LLP. A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when...
by Kent Holland | Jul 8, 2014 | differing site conditions, Newsletter Article
A contractor on a U.S. Army Corps of Engineers project filed a complaint with the U.S. Claims Court, claiming it was entitled to equitable adjustment to its contract for additional costs and time due to encountering differing site conditions while dredging the Miami...
by Kent Holland | Feb 17, 2014 | differing site conditions, Newsletter Article
Holds Government Cannot Bar Differing Site Conditions Claims with Broad Disclaimer Language, AND Government is Bound by a Broad Duty of Good Faith and Fair Dealing In a major victory, not only for the contractor, but also for historic federal contract principles, the...
Connect