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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...

Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages

by Kent Holland | Jan 3, 2012 | Newsletter Article

Where a contractor entered into a design-build contract with the U.S. Navy to build four buildings at the Pensacola Naval Air Station, and included a liquidated damages (LD) provision in the subcontract with its subcontractor, that LD provision was enforceable despite...

Subcontractor Had Rights as Third Party Beneficiary Under Federal Government Contract

by Kent Holland | Jul 25, 2011 | Newsletter Article

Where the federal government contracting officer issued a contract modification to the prime contract to require the government to issue a two-party check jointly to the prime and a subcontractor that had complained about not being paid, the subcontractor had rights...

Accord and Satisfaction Barred Contractor Claim for Additional Compensation

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor timely completed a construction contract for the U.S. Army Corps of Engineers and accepted payment which included changes required by the Corps, the contractor was barred from later filing a claim for additional compensation.  The claim was barred...

Proving Constructive Acceleration Claims Can be Difficult for Contractors

by Kent Holland | Feb 9, 2011 | Newsletter Article

By: Katz & Stone When claiming entitlement to cost for constructive acceleration, contractors must prove that any time extensions received were inadequate to remedy their excusable delays.  Time extensions do not have to be granted immediately, and the mere...
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