Monthly Archives: March 2010

U.S. Court of Appeals for 11th Circuit Upholds Dismissal of EPC Contractor’s Claim for Damages Caused by Four Hurricanes, Concluding That Terms of Force Majeure Clause Barred Recovery of Increased Costs

S&B/BIBB Hines PB3 Joint Venture v. Progress Energy Florida, Inc. 2010 U.S. App. LEXIS 2875 (11th Cir. Feb. 11, 2010) S&B/BIBB Hines PB3 Joint Venture, S&B Engineers and Contractors, LTD (“S&B) agreed to perform engineering, procurement and construction on a … Continue reading

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New Jersey Appellate Division Rules Conditional Character of Surety’s Commitment to Provide Performance Bond Made Contractor’s Bid Nonresponsive

Nova Crete, Inc. v. City of Elizabeth 2010 N.J. Super. Unpub. LEXIS 101 (N.J. Super. Ct. App. Div. Jan. 15, 2010) The Court held that the consent of surety submitted by Nova Crete, Inc. (“Nova Crete”) did not comply with … Continue reading

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U.S. District in New York Denies Architect’s Motion for Summary Judgment Seeking Dismissal of Claim By Surety of Defaulted Contractor for Damages Due to Architect’s Alleged Improper Certification of Contractor’s Payment Applications

American Manufacturers Mutual Insurance Co. v. Payton Lane Nursing Home, Inc. 2010 U.S. Dist. LEXIS 8537 (E.D.N.Y. Feb. 2, 2010) The United States District Court for the Eastern District of New York (“EDNY”) recently considered whether a surety could maintain … Continue reading

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U.S. Court Of Appeals for the Federal Circuit Rules Contractor Cannot Pursue Claims for Cumulative Impact, Holds Release Terms in Modifications Were Unambiguous

Bell BCI Co. v. United States 570 F.3d 1337 (Fed. Cir. Jun. 25, 2009) Plaintiff, Bell BCI Company (Bell), a general contractor, sued the United States (the “Government”) for damages plus interest under the Contract Disputes Act for the unpaid … Continue reading

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U.S. Court of Appeals for 5th Circuit Holds Contractor’s Claims Barred By Waivers Submitted With Monthly Pay Requests

Addicks Services, Inc., Appellant v. GGP-Bridgeland, LP 2010 U.S. App. LEXIS 2623 (5th Cir. Feb. 8, 2010) Plaintiff, Addicks Services, Inc. (“Addicks”) sought damages for extra work and delay costs incurred while performing land improvement work for a residential development … Continue reading

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