Monthly Archives: November 2017

Dismissal of differing site conditions claim on federal dam project. ASI Constructors, Inc., v. United States of America. United States Court of Federal Claims (2016), by Hugh Anderson

Summary: The contractor on a project to modify and improve the Canton Lake Dam in Oklahoma claimed that it had encountered site conditions that differed from those shown in the contract documents, and that the Corps had withheld relevant site information. After the project’s contracting officer denied the claims, which totaled approximately $6.6 million, the […]

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Owner’s entitlement to reject bid as non-responsive based on bidder’s failure to cite a prior successful project of similar size, scope, and complexity. Matter of Framan Mechanical, Inc. v. State University Construction Fund. New York Appellate Division (2017), by Hugh Anderson

Summary: The State University Construction Fund sought bids for an HVAC upgrade project at the SUNY Downstate Medical Campus. The instructions to bidders required that each bidder demonstrate that it had successfully completed a project of similar size, scope, and complexity within the last five years. Framan Mechanical was the low bidder. In response to […]

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Enforcement of limitation of liability clause in geotechnical engineering contract. Taylor Morrison of Colorado, Inc., v. Terracon Consultants, Inc. Court of Appeals of Colorado (2017), by Hugh Anderson

Summary: A residential developer, Taylor Morrison, retained Terracon Consultants to provide geotechnical engineering and testing services with respect to a new subdivision. In particular, Terracon was responsible for testing the soil for compliance with construction specifications and building codes. After construction of the houses in the subdivision, many homeowners complained to the developer that the […]

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