Category Archives: Differing Site Conditions

Texas District Court Rejects Rail Contractor’s Delay and Prompt Payment Claims and Awards Owner More Than $3 Million

Balfour Beatty Rail, Inc. v. The Kansas City Southern Railway Company, 2016 U.S. Dist. LEXIS 39086 (N.D. Tex., March 25, 2016) The contractor contracted with owner to install 65 miles of railroad track, for a price of $12,206,666.  The owner … Continue reading

Posted in Breach of Contract, Delay, Differing Site Conditions, Extra Work, Payment dispute, Unjust Enrichment

Washington State Court Affirms $155M Jury Award Against Contractor and Surety Stemming from Claim of Default Due to Delayed Performance, Sustaining Denial of Contractor’s Differing Site Condition Defense

Joseph T. Imperiale, Pepper Hamilton LLP, Partner James M. Kwartnik Jr., Pepper Hamilton LLP, Associate King County v. Vinci Construction Grands Projects/Parsons RCI/Frontier-Kemper, JV, 2015 Wash. App. LEXIS 2735 (Nov. 9, 2015) The Court of Appeals of Washington recently decided … Continue reading

Posted in Delay, Differing Site Conditions, Liquidated Damage Provision

Federal Circuit Court Clarifies Standard for Establishing Government’s Breach of the Implied Duty of Good Faith and Fair Dealing in Addressing Claim for Differing Site Conditions

Metcalf Constr. Co. v. United States 742 F.3d 984 (Fed. Cir. 2014) This action arose out of the design and construction of military housing units at a U.S. Navy facility in Hawaii.  Pre-bid documents for the project supplied by the … Continue reading

Posted in Differing Site Conditions, Good Faith & Fair Dealing, Government Contract | Tagged