Monthly Archives: July 2016

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material Conditions Rejected By Contractor Not Enforceable Notwithstanding Contractor Reliance

Marion T. Hack, Partner Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) There was an important California decision published on July 19, 2016 (decided June 21, 2016) regarding … Continue reading

Posted in Promissory Estoppel, Subcontract, Uncategorized

Federal Claims Court Holds that Government’s Actual Knowledge of Contractor’s Delay and Acceleration Excuses Technical Non-Compliance with Time Limit for Providing Notice of Constructive Change

Nova Group/Tutor-Saliba v. United States, 125 Fed. Cl. 469 (Fed. Cl. Mar 16, 2016) The United States Naval Facilities Engineering Command (the “Navy”) contracted with the joint venture of Nova Group and Tutor-Saliva (the “JV”) for construction of a pier … Continue reading

Posted in Notice

Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder

Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) This construction dispute case arises from a failed pipe connector that caused water damage to a facility and insured personal property, which Hillel … Continue reading

Posted in Defective Work, Design/Build, Economic Loss Defense, Subrogation, Warranty

Court of Federal Claims Rules Contracting Officer’s Failure to Exercise Independent Business Judgment Renders Partial Termination for Convenience an Abuse of Discretion and Breach, but Holds Subsequent Termination for Cause of Remainder of Contract to Be Appropriate

Securiforce Int’l America, LLC v. United States, 125 Fed. Cl. 749 (March 21, 2016) Plaintiff Securiforce International America, LLC (“Securiforce”) was awarded a contract by the Defense Logistics Agency Energy (“DLA Energy” or the “agency”) to deliver diesel fuel and … Continue reading

Posted in Breach of Contract, Termination, Termination for Convenience