Tag Archives: Liquidated Damages

Michigan Court of Appeals Holds That Contractor Who Failed to Timely Seek a Time Extension Is Barred From Contesting Liquidated Damages

Abhe & Svboda, Inc. v. State of Michigan Department of Transportation, 2017 Mich. App. Lexis 1387 (August 29, 2017) Contractor Abhe & Svboda, Inc. (“A&B”) entered into a contract with the Michigan Department of Transportation (“MDOT”) to clean and paint … 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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Fourth Circuit Affirms Dismissal of Contractor’s Complaint, Declining to Create ‘Ultra Vires’ or ‘Bias’ Exceptions to the Requirement That Contractors Exhaust Their Administrative Remedies Under Maryland Law Before Suing a Government Agency

Balfour Beatty Infrastructure, Inc. v. Mayor and City Council of Baltimore, 2017 U.S. App. Lexis 7252 (4th Cir., April 25, 2017) The United States Court of Appeals for the Fourth Circuit recently addressed whether the City of Baltimore (the “City”) … Continue reading

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Ohio Court Holds Contractor Claims Barred Because of Failure to Comply With Contract’s Claim Submission and Dispute Resolution Provisions

Cleveland Construction, Inc. v. Kent State University 2010 Ohio 2906, 2010 Ohio App. LEXIS 2407 (Ohio Ct. App. June 24, 2010) The Ohio Court of Appeals held that a contractor’s failure to submit claims in accordance with the contract’s dispute … Continue reading

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Minnesota Court of Appeals Affirms Summary Judgment rulings that the assertion of a right to liquidated damages was a “claim” under a contract and therefore governed under the time limits for asserting claims; and, an owner waived its right to enforce completion date by requesting changes in the construction after the scheduled completion date had passed

A. Hedenberg & Co., Inc., v. St. Luke’s Hospital of Deluth, 1996 Minn. App. LEXIS p. 379 (Minn. Ct. App. April 2, 1996) In July 1992, St. Luke’s Hospital of Deluth (“Hospital”) contracted with A. Hedenberg & Co., Inc. (“Contractor”) … Continue reading

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