Articles in Delay Claims

LIQUIDATED DAMAGES IN WASHINGTON

Courts will enforce an assessment of liquidated damages if the amount of those damages was reasonable at the time the contract was signed. Courts will not enforce liquidated damages when the amount of damages specified is unreasonable and is, therefore, a penalty. Also, courts will … Read More »

SOUND TRANSIT CASE REAFFIRMS THE NEED TO MEET CONTRACT DEADLINES

A contractor’s claim was allowed to proceed to trial even though the contractor likely did not meet each and every contract claim and dispute resolution procedure. The Court, in Northwest Infrastructure Inc. v. PCL v. Sound Transit, ruled Sound Transit’s issuance of a unilateral change … Read More »

IMPACT CLAIM AWARD UNDONE BY CLAIM WAIVER

Date: December 15th, 2010

The Court of Appeals for the Federal Circuit recently vacated a contractor’s impact and delay award of over $4,000,000 because of waiver language in a signed change order. The case, Bell BCI Co. v. United States, arose from the construction of a $63,663,745 federal laboratory. … Read More »

IMPORTANT CHANGES TO 2010 WSDOT STANDARD SPECIFICATIONS

The 2010 WSDOT Standard Specifications for Road, Bridge and Municipal Construction contain numerous changes from the 2008 version. WSDOT’s 2010 changes focus on enhanced safety and environmental protection and attempt to address issues associated with the presently high unemployment rate in the construction industry. Before … Read More »

PUBLIC RECORDS ACT PROVIDES CONTRACTORS WITH A POWERFUL TOOL AGAINST PUBLIC OWNERS

Date: July 28th, 2010

After problems arise on a public project, contractors are faced with the question of how to substantiate their requests for additional time and money. While weighing the options, contractors have their own documents available for review, but NOT the owner’s or designer’s project documents. Obviously, … Read More »

FORCE ACCOUNT WORK: PROTECT YOUR RIGHTS

Force account can be a contractor’s best friend or worst nightmare if not handled carefully. In today’s tough construction market, getting paid for the work you perform is critical. A trap exists for the unwary, however. We want you to be aware of that trap … Read More »