Tag Archives: delay

Federal Court in Pennsylvania Holds Pay-If-Paid Clause Unenforceable Where Prime Contractor’s Inadvertent Delays Contribute to the Owner’s Withholding of Payment

Connelly Constr. Corp. v. Travelers Cas. & Surety Co. of Am., 2018 U.S. Dist. LEXIS 123009 (E.D. Pa. July 24, 2018). This post was published in the October 4, 2018 issue of eNews published by National Association of Credit Management (NACM). The … Continue reading

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Federal Court Holds That Under Louisiana Law, Actual Notice of Cause of Delay Satisfies Contractual Notice Requirement Despite Failure to Strictly Comply With the Notice Provision

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”) to construct a public housing project.  The … Continue reading

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US District Court in California Holds Basic Builder’s Risk Coverage Inapplicable to Increased Cost Of Completing Portion Of Project Which Was Not Built At Time Of Failure – Rather Coverage of Such Losses Was Restricted to More Limited Additional Coverage Part

Oceanside Pier View, L.P. v. Travelers Property Casualty Co. of American 2008 U.S. Dist. LEXIS 37755 (S.D. Cal. May 6, 2008) The U.S. District Court for the Southern District of California considered whether the basic coverage of a $28 million … Continue reading

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Federal Claims Court Approves Contractor’s Use of Blue Book Rates to Calculate of Standby Equipment Costs in Constructive Change Claims Against the Navy

Construction Co, Inc. v. United States 2008 U.S. Claims LEXIS 137 (May 21, 2008) The United States Court of Federal Claims discussed the measurement of equitable adjustment for standby equipment costs in a case involving the United States Department of … Continue reading

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US Claims Court Explains Limits of Spearin Doctrine – Denies Contractor Recovery Where Testimony Regarding Defective Design Was Conclusory

Caddell Construction Co., Inc. v. United States 2007 U.S. Claims LEXIS 285, No. 04-461C, (September 7, 2007) The United States District Court of Federal Claims held that the design deficiencies alleged by the plaintiff contractor did not rise to the … Continue reading

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