Georgia Appeals Court Holds Contractor’s Delay Claim Barred by Exculpatory Clause and Failure to Provide Timely Notice

Holloway Constr. Co. v. Department of Transportation
218 Ga. App. 243, 461 S.E. 2d 257, 1995 Ga. App. LEXIS 693 (July 13, 1995).

One of several multiple prime contractors was not entitled to sue owner for delays attributable to other prime contractor — on theory of breach of implied or express obligation — in light of clear contractual provision stating that owner would not be liable for delays attributable to contractors. Contractor barred from pursuing claim for extended overhead and equipment costs allegedly attributable to owner-directed changes in the work and owner’s failure to make prompt decisions because contractor did not provide timely request for an extension of time in accordance with contract.  Continue reading “Georgia Appeals Court Holds Contractor’s Delay Claim Barred by Exculpatory Clause and Failure to Provide Timely Notice”

New York District Court Upholds Termination of Subcontractor for Davis-Bacon Act Violations; Subcontractor’s Claim for Quantum Meruit Reimbursement Rejected

United States ex rel. Tower Masonry, Inc. v. J. Kokolakis Contracting, Inc.,
1995 U.S. Dist. LEXIS 13024, 90 Cont. Cas. Fed. [CCH] [[paragraph]] 76,843 (S.D.N.Y., Sept. 8, 1995).

Prime contractor properly terminated subcontractor for non-compliance with Davis-Bacon Act requirements. Because cost to complete exceeded subcontract balance, terminated contractor not entitled to reimbursement of value of work completed. 

Defendant J. Kokolakis Contracting, Inc., (“Kokolakis”), a general contractor, entered into a subcontract with plaintiff Tower Masonry, Inc. (“Tower”), for masonry work on a United States Department of Labor project involving the construction of two new dormitory buildings for the Delaware Valley Job Corps Center in Callicoon, New York. The job was subject to the minimum wage levels and record-keeping requirements of the Davis-Bacon Act, 40 U.S.C. [[section]]276(a) et seq., and these requirements were incorporated into the subcontract. Continue reading “New York District Court Upholds Termination of Subcontractor for Davis-Bacon Act Violations; Subcontractor’s Claim for Quantum Meruit Reimbursement Rejected”

Connecticut Court Holds Prime Contractor not Required to Utilize Subcontractor Listed in Its Bid, Where It was Unaware of Bid Exclusions Later Presented by Subcontractor

Harvey Robbin Co. v. Cristwood Contracting, Inc.,
1995 Conn. Super. LEXIS 2633 (Conn. Super. Ct., Sept. 13, 1995).

Statute requiring bidder for public contract to list subcontractors did not require bidder to utilize subcontractor where subcontractors bid exclusions were not communicated until after submission of prime bid. 

Plaintiff Harvey Robbin Company, a subcontractor for HVAC (“Subcontractor”) sued Defendant Cristwood Contracting, a general contractor (“Contractor”), in connection with the construction of a physical plant at the University of Connecticut. The Subcontractor alleged, inter alia, breach of contract and detrimental reliance. In turn, the Contractor denied the Subcontractor’s principal allegations, and alleged misrepresentation on the part of the Subcontractor, and that no contract was entered into by the parties. Continue reading “Connecticut Court Holds Prime Contractor not Required to Utilize Subcontractor Listed in Its Bid, Where It was Unaware of Bid Exclusions Later Presented by Subcontractor”