Monthly Archives: September 1995

US Court of Appeals for Seventh Circuit Holds Gross Discrepancy in Bid Price Not Sufficient to Relieve Vendor of Obligation to Subcontractor

Architectural Metal Systems, Inc. v. Consolidated Systems, Inc., 58 F.3d 1227 No 94-3898 (7th Cir. July 5, 1995) Offer and Acceptance – Under the Illinois U.C.C., a price quotation that specifies the items to be sold, the quantity and price … Continue reading

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District Court in New York Finds Evidence Sufficient to Support Waiver of Written Change Order Requirement and Bad Faith Exception to Enforceability of “No Damage for Delay” Clause in Subcontractor Miller Act Suit

United States of America, for the Use and Benefit of Evergreen Pipeline Construction Co., Inc. v. Me, No. 90 Civ. 5106, 890 F. Supp. 1213, 1995 U.S. Dist. LEXIS 9385 (S.D.N.Y. July 7, 1995) Oral Requests for Extra Work – … Continue reading

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US District Court in Minnesota Holds that Owner Did Not Waive Right to Arbitrate Against Designer by Failing to Join it in Arbitration Against Contractor

Buhler, Inc. v. Reuter Recycling of Florida, Inc., 889 F. Supp. 1126, 1995 U.S. Dist. LEXIS 9815 (D. Minn. Jul. 10, 1995) Based on interpretation of two differing arbitration provisions, an owner did not waive its right to arbitrate its … Continue reading

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California Court of Appeals Holds Contrator Properly Debarred from Bidding on Municipality’s Public Works Projects for Submitting a Greatly Inflated Claim

Stacy & Witbeck, Inc. v. San Francisco, 42 Cal. Rptr. 2d 805, 1995 Cal. App. LEXIS 658 (Cal. Ct. App. Jul. 17, 1995) A municipal public utilities commission’s order barring a contractor from bidding on the municipality’s public works projects … Continue reading

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US District Court in Colorado Holds Subcontractor’s Miller Act Rights Unaffected by Subcontract’s “Incorporation by Reference” and “Pay Upon Payment” Clauses

United States of America for the Use of DDC Interiors, Inc. v. Dawson Construction Co., Inc., No. 94-B-2699, 1995 U.S. Dist. LEXIS 10643 (D. Colo. July 25, 1995). Waiver of subcontractor’s right to sue prime contractor and payment bond surety … Continue reading

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