More Articles for Brian Morrow
In Court: Contractor sues government, “act of God” defense boosts plaintiff’s case
Dismissed!
Contractor’s differing site conditions and delay claims proceed as government’s motion to dismiss denied
In a recent court decision involving a contractor’s request for equitable adjustment and lawsuit regarding Type I and II differing site conditions and government-caused delays regarding adverse ... Read More...
Low bid called ‘non-responsive’
A goal of public contracts is to procure goods and services at the best price possible while maintaining a level playing field for all bidders. This is accomplished through competitive bidding statutes. These statutes require that all bids must be ... Read More...
Low bid called ‘non-responsive’
Low bid called “non-responsive”
Rejection after failure to follow RFP requirements results in DOT rejection
(For a downloadble PDF of this "In Court," click here.)
A goal of public contracts is to procure goods and services at the best price possible while ... Read More...
Conflict in a contract?
Conflict in a Contract?
Documentation key to “equitable adjustment” ruling despite a “no damages for delay” provision
(For a downloadble PDF of this "In Court," click here.)
A general principle of contract interpretation is that contracts are to be read and interpreted ... Read More...
Contractor’s differing site condition claim denied because soils reports indicated difficult soils
Contractor’s Differing Site Condition Claim Denied Because Soils Reports Indicated Difficult Soils
(For a downloadable PDF of this "In Court," click here.)
The uncertainty that contractors face regarding unknown subsurface conditions is the contractor’s greatest risk. This type of risk is inherent ... Read More...
Read Before You Dig: Working with utilities means being very careful – both on site and on paper
Utility conflicts and relocation issues are common to most road construction projects. In urban areas, work can present increased risks with respect to utilities, including their location, avoidance, relocation and repair. Prior to construction, owners often undertake a preliminary design ... Read More...
In Court: Road contractor’s excavator crushed after blasting
“Abnormally dangerous activities” are subject to special legal principles. According to the doctrine of abnormally dangerous activities, some activities, under certain conditions, may be so hazardous they result in strict liability.
Though one who carries on an abnormally dangerous activity does ... Read More...
In Court
Uneven Lanes
Contractor’s failure to warn by requesting additional safety signs results in liability
By Brian Morrow
In a recent Missouri case, a motorcyclist sued the Missouri Highway and Transportation Commission (MHTC) and a highway contractor for a crash that occurred in a ... Read More...
