Bill Wilson | Construction Law Zone The purpose of a liquidated damages provision in a construction contract is to establish in advance a fair amount of compensation to the injured party for a breach of contract to avoid spending time and money fighting over uncertain actual damages after they occur. Generally, to be enforceable, a… Continue reading A Liquidated Damages Provision Might Not Liquidate All Potential Damages
Month: August 2022
Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds
Adam J. Weaver and Lindsey Mitchell | Gravel2Gavel The 3D printing construction market is likely on the cusp of a boom. This unique construction method boasts many advantages in comparison to traditional forms of construction. Projects can be completed more quickly and at a fraction of the cost, given fewer laborers are required and the… Continue reading Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds
Better Early than Never: Court of Federal Claims Dismisses Challenge to Default Termination as Five Years Late, Despite Contractor’s Timely Appeal of Denial of Certified Claim
Amy Elizabeth Garber | Bradley Arant Boult Cummings The Court of Federal Claims has confirmed that a termination for default is a contracting officer’s final decision triggering the Contract Disputes Act (“CDA”) appeal deadlines. The recent case of Bowman Construction Co. v. United States involved a contract between a contractor (“Bowman”) and the National Park Service for… Continue reading Better Early than Never: Court of Federal Claims Dismisses Challenge to Default Termination as Five Years Late, Despite Contractor’s Timely Appeal of Denial of Certified Claim
Accord and Satisfaction: To Release, or Not Release? That is the Question.
Ronald Espinal | Bradley Arant Boult Cummings Generally, an “accord and satisfaction” is an agreement between two or more contracting parties to accept an alternate agreement and performance in lieu of a preexisting contractual duty between the parties. The new agreement is the “accord,” and the subsequent performance of the new agreement is the “satisfaction.” … Continue reading Accord and Satisfaction: To Release, or Not Release? That is the Question.
Faulty Workmanship Claims Amount to Multiple Occurrences
Tred R. Eyerly | Insurance Law Hawaii In a recommended decision, the magistrate found that claims of faulty workmanship against the insured constituted multiple occurrences. Millsap Waterproofing, Inc. v. United States Fire Ins. Co., 2022 U.S. Dist. LEXIS 90112 (S.D. Tex. May 19, 2022). Maravilla Condominiums in Galveston, Texas was damaged by… Continue reading Faulty Workmanship Claims Amount to Multiple Occurrences