DELAYS AND SUSPENSION OF THE WORK UNDER FIXED PRICE GOVERNMENT CONTRACT
Here is an interesting fact pattern and case decided by the Civilian Board of Contract Appeals dealing with (1) force majeure type events and epidemics (Covid-19); (2) suspension of the work; and (3) delays. These are three topics important to all contractors including federal contractors.
In Lusk Mechanical Contractors, Inc. v...
SPECIFIED OR DESIGNATED OPERATIONS ENDORSEMENT – LIMITATION OF INSURANCE COVERAGE
Your commercial general liability (CGL) policy may contain a specified or designated operations endorsement. This does not operate as an exclusion but as a LIMITATION of coverage. The endorsement may provide that bodily injury or property damage ONLY applies to the operations or business described therein....
SUBCONTRACTOR STRIKES OUT IN ITS CLAIMS AGAINST FEDERAL GOVERNMENT
Is it a good idea for a subcontractor to sue the federal government? A recent case would suggest NO--way too many huge hurdles for the subcontractor to overcome. No matter how creative the arguments may be, it's a high mountain to climb.
In Fox Logistics & Construction Co. v. U.S., 2024...
CONTRACTUAL SETOFF AND APPLICATION WHEN PERFORMANCE BOND BUYS OUT OF ITS EXPOSURE
The theory of “setoff” is an important theory in construction disputes. Florida’s Fourth District Court of Appeal recently provided worthy discussion on contractual setoffs:
Setoffs in contract claims are governed by section 46.015(2), which provides that if a plaintiff has released “any person in partial satisfaction of the...
CUMULATIVE IMPACT CLAIMS AND DEFINITION BY CERTAIN BOARDS
What is a cumulative impact claim? This is commonly referred to as the unforeseeable ripple effect of changes, i.e., the death by a thousand cuts. Cumulative impact claims refer to a disruption on productivity based on the cumulative impact of changes and their impact on unchanged work. Cumulative impact claims...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com