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Tag Archives: termination
Ninth Circuit Finds Arbitration Award Is ‘Irrational’ Because It Disregards the Contract’s Plain Text Simply to Reach a Just Result
Aspic Eng’g & Constr. Co. v. ECC Centcom Constructors LLC, No. 17-16510, 2019 BL 26363 (9th Cir. Jan. 28, 2019) Ryan R. Deroo Aspic Engineering and Construction Company (“Aspic”), a local Afghan subcontractor, entered into multiple subcontracts with ECC Centcom … Continue reading
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
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
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
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