Differing Site Condition Claim Win for Contractor

by Kent Holland | Mar 20, 2020 | Newsletter Article

A contractor prevailed under the differing site conditions (DSC) clause of a highway bridge construction contract by meeting the requirements of the so-called Stuyvesant test, which requires a contractor to prove that “(1) the conditions indicated in the contract...

CPM Schedule is Required in order to Prove Delay Claim. Jury Verdict Method Approved for Measuring Damages in Absence of Detailed Documentation

by Kent Holland | Mar 20, 2020 | Newsletter Article

A contractor filed a request for equitable adjustment (REA) to the District of Columbia (D.C.) government asserting that the District caused $1.2 million in delay and impact costs, and other damages arising out of a road reconstruction project. It appealed a deemed...

Questions Concerning whether there was Negligence and whether an Indemnification Obligation was Triggered must be Decided by Jury and not on Summary Judgment Motion

by Kent Holland | Mar 20, 2020 | indemnification clause, Newsletter Article

In a decision we previously reported on (see   our article link), a federal district court granted summary judgment to two engineering firms, concluding as a matter of law that the allegations in the complaint did not raise questions of negligence to be determined by...

Professional Liability Insurance doesn’t Cover Actions for Tortious Interference with Business Expectancy or Intentional Breach of Contract

by Kent Holland | Mar 20, 2020 | Newsletter Article

An Engineering firm (“GOAD”) had a client (Honeywell) that it was working with to submit a bid to a federal agency. GOAD decided it needed some technical assistance itself and found ITI, Inc. to provide certain engineering services as its subcontractor. At some point,...

Unlicensed Contractor Forfeits Right to Recover All Fees

by Kent Holland | Feb 25, 2020 | Newsletter Article

Where an HVAC subcontractor lacked the relevant license to do business in Washington, D.C. as a refrigeration and air conditioning contractor, its subcontract on a project was illegal and, therefore, void. It thereby forfeited any right of the to recover its fees and...

Certificate of Insurance Binds Carrier to Provide Insurance to the Entity that was Incorrectly Listed as an Additional Insured

by Kent Holland | Feb 25, 2020 | Newsletter Article

An insurance company was held bound by its agent’s written representation-made in a certificate of insurance—that a particular corporation was an additional insured under a given insurance policy. The certificate turned out to be inconsistent with the policy that only...