Articles in Notice Provisions

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 »