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Substantial completion not granted until fire alarm system is successfully tested

by Kent Holland | Feb 8, 2011 | Newsletter Article

Where the government took beneficial occupancy of a building after the scheduled completion date, it assessed liquidated damages against the contractor for late completion.  This was on the basis that until the contractor successfully tested the fire alarm system it...

Architect may legally limit time period for being sued, but may be equitably estopped from enforcing the limitation

by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits

A homeowner (Northridge) retained an architectural firm (JWFA) to provide design and contract administration services for the renovation of a residential townhouse complex. Leaks were found in the roofs shortly after construction was completed. It was not until...

Date of Substantial Completion Triggers Statute of Limitations period for Prime Contractor to Sue its Subcontractor

by Kent Holland | Dec 31, 2010 | Newsletter Article

The prime contract between the project owner and general contractor included a provision stating that the statute of limitations for filing all claims would accrue on the date of substantial completion. Since the contract between the prime and its subcontractors...

$26.9 Million in Liquidated Damages Not a Windfall to Power Plant Owner

by Kent Holland | Dec 31, 2010 | Newsletter Article

On October 30, 2009, the DC Superior Court confirmed an August 17, 2009 arbitration award issued by a three-member arbitration panel in New Athens Generating Co. et al. v. Bechtel Power Corp. et al. The Panel awarded $26,950,000 in liquidated damages against the...

Economic Loss Doctrine Bars Contractor Suit against Engineer

by Kent Holland | Dec 31, 2010 | Newsletter Article

The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The...
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