Private Engineering firm Qualifies for governmental immunity when working as City Engineer

by Kent Holland | Jan 19, 2017 | Newsletter Article

A private engineering firm, under contract to a city to act as the City Engineer, was entitled to have a negligence and nuisance suit against it dismissed based on official or governmental immunity that was extended to it as an agent of the city acting as a “public...

Subcontract Bidder Must Honor its Bid to GC (Promissory Estoppel)

by Kent Holland | Jan 19, 2017 | Newsletter Article

Where a general contractor (GC), Weitz Company , LLC, was awarded a contract to construct a nursing home and had based the heating, ventilation, air conditioning (HVAC) portion of its bid on a subcontract bid from an (HVAC) subcontractor, (H&S Plumbing and...

Subcontract Bidder Excused from Executing Contract with Prime Contractor

by Kent Holland | Jan 19, 2017 | Newsletter Article

Where a subcontractor submitted a glazing work bid to a general contractor to be considered and used in the general contractor’s bid to construct a new building for a college, it contained numerous terms and conditions that the general contractor (GC) rejected when it...

Teaming Agreement is Unenforceable: Merely an Agreement to Agree in the Future

by Kent Holland | Jan 19, 2017 | Newsletter Article

Once again a Teaming Agreement subject to the law of State of Virginia has been declared unenforceable because it did not contain any requirement that the prime member of the team award subcontracts to the other team members, and it did not contain contract sum or...

Engineer Liable for Rainwater Tank Collapse Where it Failed to Provide Appropriate RFI Responses to Contractor

by Kent Holland | Jan 19, 2017 | Newsletter Article

Engineering firm designed site plans for a rain tank system to be buried under a parking lot for a new church sanctuary. As a contractor began constructing the project, it inquired of the engineer via a Request for Information (RFI) about concerns about the...

Contractor May Recover on Differing Site Condition Despite Not Following the Notice Requirements of Contract

by Kent Holland | Dec 19, 2016 | differing site conditions, Newsletter Article

After final payment was made under its contract, a utility construction contractor submitted a written request for additional payment to the project owner seeking payment for extra work it performed as well as increased costs due to delays and disruptions during the...