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Constructlaw® is an update and discussion of recent trends in construction law and construction litigation.
Robert A. Gallagher, a partner in Pepper Hamilton's Construction Practice Group, is the editor. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.-
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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
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
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
Posted in Delay
Tagged delay, L.P. v. Travelers Property Casualty Co. of American, Oceanside Pier View
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
Posted in Delay
Tagged Construction Co, delay, Inc. v. United States
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
Posted in Delay, Subcontract, Warranty
Tagged Caddell Construction Co., delay, Inc. v. United States, Subcontract, warranty
