Tag Archives: termination

Owners Beware: Washington Appellate Court Holds Playing ‘Gotcha’ With Project Submittal Review Could Breach the Duty of Good Faith and Fair Dealing

Nova Contr., Inc. v. City of Olympia, No. 48644-0-II, 2017 Wash. App. LEXIS 913 (Ct. App. Apr. 18, 2017) This case arose out of a public project in which the City of Olympia (“City”) hired Nova Contracting, Inc. (“Nova”) to … Continue reading

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Court of Federal Claims Holds Government Abused Discretion in Terminating Contract for Convenience; Also Finds Contractor Liable for Violations of the False Claims Act

Gulf Group Gen. Enters. Co. W.L.L. v. United States 2013 U.S. Claims LEXIS 899 (Fed. Cl. July 2, 2013) This action arose from a contractor’s claim that the U.S. Army (the “Army” or the “Government”) abused its discretion in terminating … Continue reading

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U.S. District Court in Missouri Holds Three-Month Suspension of Work Due to Work Safety Concerns Did Not Constitute Unreasonable Delay to Work Permitting Subcontractor to Terminate Subcontract Under AIA-Type Provision

SAK Construction of CA, L.P. v. PSC Industrial Outsourcing, L.P. 2012 U.S. Dist LEXIS 123473 (E.D. Mo. 2012) This action arose out of the Los Coyotes Water Reclamation Plant Interceptor Project in Los Angeles County, California. General Contractor, SAK Construction … Continue reading

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Connecticut Court Holds Termination Improper Where Subcontractor Substantially Performed; Also Holds Evidence Supported Subcontractor’s Inefficiency Claim

DuBaldo Electric, LLC v. Montagno Construction, Inc. 119 Conn. App. 423; 2010 Conn. App. LEXIS 55 (Conn. App. Feb. 23, 2010) Subcontractor, DuBaldo Electric contracted with general contractor, Montagno Construction to perform electrical work in connection with the renovation of … Continue reading

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Florida Court Holds That Contractor’s Failure To Provide Notice Of Default In Accordance With Terms Of Performance Bond Discharged Surety From Its Obligations

Current Builders of Florida, Inc. v. First Sealord Surety, Inc. 2008 Fla. App. LEXIS 4698 (April 2, 2008) The Court of Appeals of Florida held that a jury finding that a contractor which terminated a subcontractor failed to provide notice … Continue reading

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