A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...
Where an elevator subcontractor filed a breach of contract claim against the general contractor for damages resulting from delay to the performance of the work, the general contractor moved for summary judgment on the basis that the subcontractor failed to comply with...
After final payment was made under its contract, a utility construction contractor submitted a written request for additional payment to the project owner seeking payment for extra work it performed as well as increased costs due to delays and disruptions during the...
The “no-voluntary payments” condition of an insurance policy was violated by an insured subcontracting concrete company, when it entered into a settlement with its prime contractor and paid damages for contractual liability for construction delays as well as for an...
Kent Holland, J.D. ConstructionRisk, LLC Where a contractor was late in performance, a town terminated the contract for convenience and subsequently claimed liquidated damages (LDs) against the contractor. Both the trial court and appellate court concluded that the...
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 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 James Rhodes, Esq. ConstructionRisk Counsel, PLLC A federal appeals court affirmed the limitation on a contractor’s compensation for change orders due to a Virginia public contracting statute that provides a cap on recovery. The case was brought by a construction...
J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...
Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...
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