Monthly Archives: March 2015

Court of Federal Claims Holds that Contractor’s Defense of Defective Specifications Is Not an Independent Claim Requiring Submission Under Contract Disputes Act

Total Eng’g, Inc. v. United States, 2015 U.S. Claims LEXIS 30 (Fed. Cl. Jan. 26, 2015)  The United States Army Corps of Engineers (the “Government”) awarded a contract to Total Engineering, Inc. (“Total”) for preliminary site construction work for the … Continue reading

Posted in Contract Disputes Act, Government Contract

Analysis: Prevailing Party In Jury Trial Finds Uncertainty In Remedies Available Under Pennsylvania Contractor And Subcontractor Payment Act

Richard W. Foltz, Jr. Pepper Hamilton LLP, Partner Jeffrey R. Mullen Pepper Hamilton LLP, Associate An amended version of this post was published in the March 16, 2015 AGC Construction Law in Brief, the weekly newsletter for the Associated General … Continue reading

Posted in CASPA, Prompt Payment Act

New York Appellate Division Holds That Subcontractor’s Failure to Give Cure Notice Before Stopping Work Did Not Bar Recovery Because Contractor’s Prior Unjustified Failure to Make Three Successive Progress Payments Constituted Uncured, Material Breach

U.W. Marx, Inc. v. Koko Contracting, Inc., No. 518611, 2015 N.Y. App. Div. LEXIS 600 (N.Y. App. Div. Jan. 22, 2015) The Appellate Division of the Supreme Court of New York affirmed judgment in favor of a subcontractor holding that … Continue reading

Posted in Breach of Contract, Notice, Payment dispute