Case Summaries

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

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.

Case Summaries

The Nebraska Supreme Court upheld a five-year ban from practice for an architect who falsified continuing education documents.

Case Summaries

A property owner allegedly received improvements performed by a subcontractor and paid no one for the work. The Arizona Supreme Court said that even in the absence of owner misconduct, the owner could be liable to the subcontractor for unjust enrichment. The lack of contractual privity did not insulate the owner.

Case Summaries

A contractor relied on soil test boring logs from other areas of the work site when it was not reasonable to do so. The contractor could not draw conclusions about site conditions from a contract provision that had been deleted prior to bid submittal.

Case Summaries

An exchange of pricing information among competitors led to a criminal conspiracy to fix prices, rig bids, and allocate market share, resulting in a violation of the Sherman Act.

Case Summaries

A collective bargaining agreement between a union and a prime contractor obligated the contractor to assist the union in collecting benefit plan contributions from the contractor’s subs. The union had the right to seek recovery of unpaid subcontractor contributions from the contractor’s payment bond.

Case Summaries

Although a construction contract said a change order provision would not be waived by failure to strictly comply with the clause, a pattern of conduct between the project owner and contractor went beyond failure to strictly comply. Both parties ignored the specified procedures and thereby waived the clause.

Case Summaries

A default termination was justified when a tardy contractor responded to a government cure notice with a request for an extension of the contract completion deadline. This was a repudiation of the contractor’s contractual obligations. There had been no excusable delay.

Case Summaries

While a subcontractor claim against the government was initially submitted in the sub’s own name, there was adequate evidence the government was aware at all times this was a pass-through claim sponsored by the prime contractor. The prime’s certification of its sub’s claim had been deficient, but that was a curable defect.

Case Summaries

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A contract drawing had not been admitted into the judicial record. Consequently, an appellate court could not determine whether out-of-trade site improvements had been incorporated into the masonry subcontract.

Case Summaries

The managing member of a limited liability company signed a signature block that referred to the member “individually.” The body of the agreement, however, consistently referred to the LLC as the contracting party. The agreement was ambiguous regarding the member’s personal liability on the contract.