by Kent Holland | Sep 19, 2019 | Newsletter Article
The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...
by Kent Holland | Feb 9, 2011 | Newsletter Article
by Michael C. Loulakis Record Steel and Construction v. United States , 62 Fed. Cl. 508 (2004), provides an excellent example of the evolution of design-build caselaw. The dispute in this case involved whether a design-build contract required foundations to be...
by Kent Holland | Feb 9, 2011 | Newsletter Article
by J. Gerard Boyle Claims Analyst and Senior Project Manager Revay and Associates Limited – Toronto Shortly after work commences on design-bid-build projects all over this country, it can be predicted with reasonable certainty that the Owner and/or Consultant will...
by Kent Holland | Feb 8, 2011 | Newsletter Article
When a contractor expends time and money attempting to comply with design specifications that fail to accomplish the owner’s performance needs, it is entitled to recover its costs from the owner on the basis that the owner breached its implied warranty of...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A general contractor, under contract to the Brevard County School Board was required by the architect to install a more expensive fire protection system than it believed was called for by its contract. It argued that the architect misinterpreted the contract and thus...
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