by Kent Holland | Mar 23, 2015 | Newsletter Article
By Gail S. Kelley, P.E., JD ConstructionRisk, LLC The U.S. Civilian Board of Contract Appeals concluded that declaratory relief in situations involving a “fundamental question of contract interpretation or a special need for early resolution of a legal issue” is...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In Re: Regional Building Sys., Inc. v. The Plan Comm., 320 F.3d 482 (4th Cir. 2003), a federal court held that under New York law, absent a contract term to the contrary, a subcontractor cannot recover delay damages from its general contractor when the general...
by Kent Holland | Feb 9, 2011 | Newsletter Article
EVERY SUBCONTRACTOR has had to deal with slow payment by general contractors who claim that it’s not their fault – the customer hasn’t paid them and, in a slow economy, this refrain is heard more and more frequently. As sympathetic as the sub might feel, the...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
Where a limitations of liability (LoL) clause was located in an Agreement, the clause was held not to bar recover for damages incurred by a contractor due to work being suspended pursuant to a suspension of work clause that was located in the addendum to the contract....
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