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Subcontractor Entitled to Recover Costs of Removing Asphalt Pavement instead of Limited Amount of Concrete Pavement as Specified

by Kent Holland | Apr 27, 2021 | Newsletter Article

GC and its subcontractor disagreed over whether the scope of work of the subcontract required the Sub to remove all pavement in a parking lot or only the concrete portion of the pavement.  The bidding documents described the work of subcontractor bidders to include...

Parol Evidence not Permitted to Alter Integrated Contract – Quantum Meruit Claim Fails

by Kent Holland | Aug 21, 2018 | Newsletter Article

A subcontractor sued the prime contractor for breach of contract, and in the alternative for quantum meruit recovery, seeking compensation in excess of the amount set forth in the subcontract – arguing that an interim agreement between the Teaming Agreement and the...

Failure to Follow Change Order Request Procedure Results in Design-Build Subcontractors Forfeiting Right to Recover Their Costs for Extra or Changed Work They Performed

by Kent Holland | Oct 9, 2012 | Newsletter Article

Two design-build cases decided by the federal district courts in Virginia dismissed suits by subcontractors to recover for extra or changed work they performed, because even though there was no question that the work was performed and that the prime contractor and...

Architect Entitled to Recover Damages under Theories of Unjust Enrichment and Quantum Meruit

by Kent Holland | Jul 20, 2012 | Newsletter Article

Damages were awarded by a court to an architect despite the fact that the architect performed design services for a condominium project being developed by his friend, a lawyer, without having a signed contract, and despite the fact that some of the services were...

Contractor Cannot Recover for Extra Work Performed without Change Order Approved by Authorized Officials

by Kent Holland | Jan 12, 2012 | Newsletter Article

A design-build contractor that entered into a fixed-price contract to upgrade the heating, air conditioning and ventilation (HVAC) system in college dormitories satisfactorily performed all the work it was contracted to do, but also performed significant additional...
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