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Design-Build Team Guarantees Energy Performance on GSA Project

by Kent Holland | Jun 5, 2012 | Newsletter Article

By Suzanne H. Harness, J.D., AIA An article published in Engineering New-Record (ENR) on May 14, 2012 under the title “Fee Holdback Raises Eyebrows” has indeed drawn attention.  The article explains that the design-build team on a U.S. General Services Administration...

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...

Liquidated Damages Properly Assessed against Design-Builder Without Regard to Whether Excessive Compared to Actual Damages

by Kent Holland | Jan 12, 2012 | Newsletter Article

Where a design-builder (“contractor”) was assessed liquidated damages by the Contracting Officer under a U.S. Coast Guard contract for the design and construction of prefabricated metal buildings, the contractor filed suit against the Government seeking remission of...

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 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...
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