Monthly Archives: February 1997

Federal Circuit Clarifies Narrow Scope of Torncello and Proper Standard for Reviewing Termination for Convenience

Krygoski Constr. Co., Inc. v. United States, 94 F.3d 1537 (Fed. Cir. August 1, 1996) Government need not show “changed circumstances” in order to justify convenience termination; rather, termination is proper in absence of bad faith or abuse of discretion.

Posted in Breach of Contract, Termination | Tagged , , ,

Federal Circuit Court Of Appeals Addresses Definition of “Claim” Under The Contract Disputes Act

Ellett Constr. Co., Inc. v. United States, 93 F.3d 1537, U.S. App. LEXIS, August 26, 1996 A settlement proposal in response to a termination for the convenience of the Government is a non-routine claim subject to the jurisdiction of the … Continue reading

Posted in Termination | Tagged , ,

Seventh Circuit Holds that Indian Tribe Agreed to Waive Sovereign Immunity

Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Assocs, Inc., 86 F.3d 656, 1996 U.S. App.LEXIS 13399 (7th Cir. June 5, 1996) District Court erred in granting summary judgment in favor of Indian tribe on grounds of tribe’s sovereign immunity; by signing … Continue reading

Posted in Arbitration, Design/Build | Tagged , , ,

Seventh Circuit Rules That Forum Selection Clause in Construction Contract Is Enforceable Under Illinois Law

Roberts & Schaefer Co. v. Merit Contracting, Inc., 99 F.3d 248, 1996 U.S. App. LEXIS 28280 (U.S. Ct. of Appeals, 7th Cir.) Contract between the parties contained an enforceable forum selection clause, even though the actual written agreement was signed … Continue reading

Posted in Forum-selection clause, Subcontract | Tagged , , ,

The Supreme Court of Alaska Held That a Contractor’s Failure to Comply with the Contractual Notice Provisions Barred Its Claim as a Matter of Law

Neal & Co., Inc. v. City of Dillingham and CH2M Hill Northwest, Inc., 923 P.2d 89 (Alaska 1996) In February of 1987, the City of Dillingham (“City”) solicited bids for the construction of a sewerage facility, which would include two … Continue reading

Posted in Delay, Design/Build | Tagged , , ,