More Articles for Brian Morrow

Faulty Process

Better Roads Staff - Nov 06, 2013

Faulty Process

Contractor’s appeal for $2.3 million denied because of improper claim The Spearin doctrine – which originates from the case United States v. Spearin – provides that contractors are not responsible for defective plans or specifications. Instead, the owner impliedly warrants the ...

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Governing board denies dam contractor’s claim for extra aggregate

Staff Report - Sep 26, 2013

Governing board denies dam contractor’s claim for extra aggregate

. “Contracts for the execution of the works should be drawn with care and precision: Because, when without legal flaws, neither party will be able to take advantage of the other.” —Vitruvius, chief architect to Caesars Julius and Augustus Contract interpretation is ...

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In Court: Contractor sues government, “act of God” defense boosts plaintiff’s case

Better Roads Staff - May 14, 2013

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 ...

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Low bid called ‘non-responsive’

Better Roads Staff - Feb 24, 2013

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 ...

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Low bid called ‘non-responsive’

Tina Grady Barbaccia - Feb 01, 2013

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 ...

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Conflict in a contract?

Tina Grady Barbaccia - Jan 01, 2013

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 ...

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Contractor’s differing site condition claim denied because soils reports indicated difficult soils

Better Roads Staff - Dec 01, 2012

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 ...

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In Court

Contributed - Nov 12, 2012

In Court

Court focuses on lack of a written Change Order in nixing subcontractor’s claim   By Brian Morrow     Construction projects rarely proceed exactly as planned. Changes are somewhat the norm in construction. As a result, most construction contracts contain provisions relating to changes and extra ...

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Read Before You Dig: Working with utilities means being very careful – both on site and on paper

Tina Grady Barbaccia - Sep 05, 2012

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 ...

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In Court: Road contractor’s excavator crushed after blasting

Tina Grady Barbaccia - Apr 15, 2012

“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 ...

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In Court

Better Roads Staff - Feb 27, 2012

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 ...

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