Case Summary Archives

Oct 14, 2026

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No Implied Warranty on Performance Specification

The government does not extend an implied warranty of accuracy for a performance specification. However, the contractor did state a valid claim for a differing site condition.

Oct 14, 2026

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Challenge to Liquidated Damages Rate Allowed

A contractor was allowed to challenge the enforceability of a liquidated damages clause as part of its suit for payment under the contract. The contractor argued that the public project owner used a formulaic daily rate instead of a forecast of damages for late project completion.

Oct 14, 2026

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Delay Claim Needed Comprehensive CPM Analysis

A contractor’s delay damage claim was unitary, not a series of distinct claims. All aspects of the claim arose from the same set of operative facts. And, delay analysis on complex projects requires a comprehensive approach.

Oct 1, 2026

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Bonding Attempts Prove Futile

A contractor’s proposed bonding arrangements were either noncompliant with the government’s list of approved corporate sureties or in violation of the Assignment of Claims Act.

Oct 1, 2026

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Liquidated Damages Cap Not Applicable to Non-Delay Damages

Liquidated damages were a project owner’s exclusive remedy for delayed completion, and those damages were capped at a stipulated amount. But the owner could still recover direct damages for increased construction costs, even if the total claim exceeded the cap.

Sep 15, 2026

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“Check Contractor’s Schedules” Ruled Ambiguous

The term “check contractor’s schedules” in the architectural services scope of work is ambiguous. Extrinsic evidence, including the procuring agency's prior practices, has to be examined.

Sep 15, 2026

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Copyrighted “Architectural Works” Include Functional Drawings

A federal statute governing the copyright of architectural works applied not only to pictorial depictions of buildings but also to functional drawings, such as floor plans and renderings. However, a separate statutory prohibition on removing copyright notices from works used in internet marketing did not apply to the failure to place the notice on newly created works.

Sep 15, 2026

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Period for Filing Suit Not Extended by Contractor Explanation or Continuing Work

Neither a contractor’s explanation of a problem nor the continuing performance of the work extended a project owner’s statutory period for filing suit against an architect for inadequate specification and inspection of the work.

Aug 31, 2026

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Contractor Could Rely on As-Builts Despite Contractual Disclaimers

Broad disclaimers did not negate the government's responsibility for the accuracy of the as-built drawings furnished to the contractor. The contractor’s notification of differing site conditions two weeks after discovery was sufficiently prompt.

Aug 31, 2026

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Negotiation of Liquidated Damages Did Not Trigger Claim Notice Period

Ongoing negotiations of responsibility for an extended performance period did not establish a contractor’s knowledge of the basis for a claim. These negotiations did not trigger the 30-day claim notice period.

Aug 14, 2026

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Location of Project Determines Law of Performance Bond Claim

A one-year claim limitation provision in a performance bond was enforceable under Virginia law, even though the bonded subcontract for the Virginia-based project was executed in Maryland between two Maryland companies.

Aug 14, 2026

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Minnesota High Court Rules “Termination” Is Technical Construction Term

The word termination, as used in the construction industry and construction contracts, refers to the end of a contractual relationship, not the conclusion of physical construction work.

Aug 14, 2026

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Specifications Did Not Prevent Manufacturer’s Warranty

A defaulted contractor failed to show that the government’s specifications were defective. They also failed to link issues with those specs to the contractor’s tardy performance.

Jul 31, 2026

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Bid Protester Had Same Deficiency of Which It Complained

A second low bidder committed the same bid deficiency that motivated its protest against the low bid. It therefore suffered no prejudice and could not maintain a protest based on bid responsiveness.

Jul 31, 2026

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Use of “Fragnet” Did Not Alter Critical Path of Schedule

A fragmentary network is a CPM modeling tool that can be used to hypothesize regarding the impact of a specific event. It does not necessarily reflect what is occurring on the ground and, in itself, does not alter the project's critical path.