Monthly Archives: July 1996

United States Court of Appeals for the Fourth Circuit Holds Recovery on Contractor’s Claim for Wrongful Termination Limited by Provisions of Termination for Convenience Clause; Contractor’s Suit Dismissed Because Claim Was Subject to Contractually Prescribed Disputes Procedures

Hancock Electronics Corp. v. Washington Metropolitan Area Transit Authority, 81 F.3d 451 (4th Cir. 1996). In the spring of 1994, the Washington Metropolitan Area Transit Authority (“WMATA”) awarded Hancock Electronics Corporation (“Hancock”) a contract to provide replacement braking systems for … Continue reading

Posted in Breach of Contract | Tagged ,

Supreme Court of Virginia Decides Issues Relating to Arbitrability and Res Judicata Effect of Arbitration Awards

Waterfront Marine Construction, Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B and C, 251 Va. 417; 468 S.E.2d; 1996 Va. In 1988, the North End 49ers Sandbridge Bulkhead Group (49ers) entered into a contract with Waterfront Marine Construction, … Continue reading

Posted in Arbitration | Tagged

District of Columbia Court of Appeals Holds Prime Contractor Cannot Rely on “Pay-if-paid” Clause If it Fails to Protect Subcontractor’s Interest in Settlement with General Contractor

Urban Masonry Corporation, Appellant, N&N Contractors, Inc., Appellee, 676 A.2d 26 (D.C. App. 1996) In November 1990, Urban Masonry Corporation (Urban) subcontracted with N&N Contractors, Inc., (N&N) to install concrete panels on a major construction project in the District of … Continue reading

Posted in Breach of Contract, General Contractor, Subcontract | Tagged ,

Federal Claims Court Holds That A Variance In Estimated Quantities Clause Affords A Contractor Relief Only To The Extent That The Contractor Can Prove An Increase In Unit Costs Due Solely To Increased Quantities

Thermocor, Inc. v. United States, 1996 U.S. Claims LEXIS 68 (Cl. Ct. 1996). On October 16, 1989, the United States Army Corps of Engineers (“Corps”) awarded ThermoCor, Inc. (“ThermoCor”) a contract in the amount of $15,500,000 to excavate and treat … Continue reading

Posted in General Contractor | Tagged ,

Federal Claims Court Holds Contractor Required to Proceed with Disputed Corrective Work under Disputes Clause; Contractor Not Entitled to Advance Judicial Determination of Propriety of Directive under Federal Courts Administration Act of 1992

Valley View Enterprises, Inc. v. United States, 35 Fed. Cl. 378 (1996). On September 22,1992, the Department of the Army awarded plaintiff Valley View Enterprises, Inc. (“Valley View”) a contract to replace seventeen steam lines located at the United States … Continue reading

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