Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K

Brendan Carter | The Dispute Resolver | November 21, 2018 The U.S. Court of Federal Claims shows contractors once again the dangers that can exist when pricing a performance specification and the importance of giving owner’s proper notice for change orders in CKYInc. v. Unites States of America. In 2012, the Government awarded CKY, Inc. a… Continue reading Contractor Submits $4.5M Claim for Differing Site Conditions, Fed Court Rejects and then Imposes Liquidated Damages for $400K

Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts

Michelle Beth Rosenberg | Pepper Hamilton LLP | November 20, 2018 Fid. & Deposit Co. of Md. v. Travelers Cas. & Sur. Co. of Am., 2018 U.S. Dist. LEXIS 162265 (D. Nev., September 21, 2018) Clark County School District (“CCSD”) hired Big Town Mechanical (“Big Town”) as general contractor to perform HVAC upgrades at five… Continue reading Concurrent Delay: Surety—Standing in the Shoes of Subcontractor—Is Barred From Asserting Defense of Concurrent Delay Because Subcontractor Failed to Seek a Time Extension as Required by the Subcontracts

What Is the Christian Doctrine and Why Should You Care?

Merle M. DeLancey Jr. | Blank Rome | November 19, 2018 The Christian Doctrine The Christian doctrine provides that a mandatory statute or regulation that expresses a significant or deeply ingrained strand of public procurement policy shall be read into a federal contract by operation of law, even if the clause is not in the… Continue reading What Is the Christian Doctrine and Why Should You Care?

A Short Fable About Property Insurance

Joshua Stein | Joshua Stein PLLC | November 20, 2018 A man in Monsey named Moshe bought a townhouse. He bought homeowner’s insurance for the townhouse. The man’s daughter moved into the townhouse. The man never lived there. For 10 years, premiums were paid on the homeowner’s policy. Then a pipe broke in a wall,… Continue reading A Short Fable About Property Insurance

Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court

Pierre Grosdidier and Ryan Gardner | Haynes and Boone LLP | November 12, 2018 Under Texas law, a plaintiff must file a certificate of merit in any action for damages arising out of the provision of professional services. A certificate of merit is an affidavit from a third-party professional who is knowledgeable about the defendant’s… Continue reading Construction Law Practice Tip: Certificate of Merit Requirements in Federal Court

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