Eric A. Frechtel and Lee-Ann C. Brown | Buildsmart In June, the Armed Services Board of Contract Appeals (ASBCA) addressed whether it had jurisdiction where a subcontractor pass-through claim was certified under the Contract Disputes Act (CDA) by the subcontractor’s president, not the prime contractor’s representative. In its motion to dismiss, the government argued that under the… Continue reading Subcontractor Certification of Pass-Through Claim — Defective but Correctable
Category: Insurance Claims
What You Need To Know About Construction Weather Delay Claims
Jeffrey S. Wertman | Berger Singerman Inclement weather particularly tropical storms and hurricanes can have a devastating economic impact on a construction project. There may be labor cost overruns, material cost overruns, equipment rental overruns and disruption of cash flow due to time extensions and interest payments, just to name a few. Planning for and… Continue reading What You Need To Know About Construction Weather Delay Claims
Read Before You Sign: Claim Waivers in Project Documents
William E. Underwood | ConsensusDocs Not all claim waivers are appropriately titled “Waiver of Claims.” In fact, claim waivers can be found “hiding” without any advertisement or fanfare in a number of project documents, including change orders and applications for payment. So although getting work quickly approved and paid for is important, taking time to… Continue reading Read Before You Sign: Claim Waivers in Project Documents
Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Amy Elizabeth Garber and Robert J. Symon | Buildsmart When crafting a liquidation or “pass-through” agreement for a subcontractor claim against the government, the key provision from the prime contractor’s perspective is a release from any liability for the subcontractor’s claim with the exception of amounts recovered from the government related to that claim. If the… Continue reading Walking the Tightrope: Liquidation Agreement “Traps for the Unwary”
Certifying Claim Under Contract Disputes Act
David Adelstein | Florida Construction Legal Updates Under the Contract Disputes Act (41 USC 7101 en seq.), when a contractor submits a claim to the government in excess of $100,000, the claim MUST contain a certification of good faith, as follows: For claims of more than $100,000 made by a contractor, the contractor shall certify that– (A) the claim is… Continue reading Certifying Claim Under Contract Disputes Act