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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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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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