Matthew Mues | Davis Wright Tremaine On February 15, 2023, the Oregon Court of Appeals ruled that an excavation subcontractor, plaintiff Kizer Excavating Co., (“Kizer”) could not maintain a quantum meruit claim against a general contractor, defendant Stout Building Contractors, LLC, (“Stout”) for work performed by Kizer beyond that contemplated in Kizer’s proposal, which was incorporated into… Continue reading Oregon Ruling Calls Into Question Quantum Meruit Claims in Construction Cases
Tag: Differing Site Conditions
The Difference Between Differing Site Conditions And Superior Knowledge
Brian Waagner | Husch Blackwell The decision of the Court of Federal Claims in Marine Industrial Construction LLC v. United States, 158 Fed. Cl. 158 (2022), includes detailed analysis of several legal issues familiar to contractors facing challenging subsurface conditions on a federal construction contract. In addition to the sufficiency of the contractor’s compliance with the unique notice requirements… Continue reading The Difference Between Differing Site Conditions And Superior Knowledge
Construction Site Disclaimers: Navigating Risk Allocation for Differing, Concealed and Unknown Conditions in Heavy-Civil, Excavation, and Infrastructure Work
Michael E. Wagner, Jr. | The Construction Seyt In heavy-civil, excavation, and infrastructure work, the risk of encountering differing, unknown, or concealed conditions is significant, as it is nearly impossible to document or predict everything that the contractor will encounter below the surface when performing its operations. Although standard pre-bid site surveys, including soil and… Continue reading Construction Site Disclaimers: Navigating Risk Allocation for Differing, Concealed and Unknown Conditions in Heavy-Civil, Excavation, and Infrastructure Work
Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
D. Bryan Thomas and Amandeep S. Kahlon | Buildsmart On November 6, 2020, the Kentucky Court of Appeals affirmed a trial court’s decision dismissing a contractor’s differing site conditions claim on a sewer replacement project. In TSI Construction, Inc. v. Louisville and Jefferson County Metropolitan Sewer District, the appellate court concluded that the contractor’s failure to comply… Continue reading Non-compliance with Change Order Requirements Dooms Differing Site Conditions Claim
Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract
Douglas L. Patin, Aron C. Beezley & Amandeep S. Kahlon | Buildsmart The U.S. Court of Appeals for the Federal Circuit, in U.S. Army Corps of Engineers v. John C. Grimberg Co., Inc., recently reversed an Armed Services Board of Contract Appeals (ASBCA) decision that a federal contractor was entitled to an equitable adjustment on a… Continue reading Don’t Be Unreasonable: Equitable Adjustment Conditioned on Government Contractor’s Proof of Reasonable Interpretation of Contract