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Test the Bounds of Job Order Contracting?

Job Order Contracting

B291940 (October 26, 2020), 2nd District Court of Appeal, involved a JOC contract, a JOC contractor who charged rates higher than those specified in the unit price book, and the JOC contractor’s defenses against claims by the public entity that it had overcharged for its work. JOC Contract: Enforceable Contract or Mere Agreement to Negotiate.

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#119:  Quantum Meruit vs Unjust Enricment

NH Construction Law

Two of the most popular legal theories beyond breach of contract claims are “unjust enrichment” and “quantum meruit.” 2005 WL 3447957 at *3 n.1 15, 2005) (citing cases). ” Although distinct, they share some elements, which often leads to confusion between them. ” Eastern Electric Corp.

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Characteristics of Strategic Collaboration and Efficient Construction Project Delivery

Job Order Contracting

Zero costs associated with disputes and claims. Fewer disputes and claims. success through an incentive agreement: lessons learned from an underground railway. Empirical analysis of traditional contracting and relationship agreements for. Projects completed at or under budgeted cost. Increased quality satisfaction.

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Federal Court dismisses sub's claim against GC because of arbitration

Construction Lawyer

Copyright 2005-2012 Sabo & Zahn, all rights reserved. You are not our client and we are not your attorneys unless and until you enter into a written retainer agreement with us. Federal Court dismisses subs claim against GC because of arbitration provision. Liquidation Agreement did not supercede agreement to arbitrate.

Claims 40
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#85:  Who Decides Arbitrability?

NH Construction Law

A clear and unmistakable delegation clause is enforceable even where a party sues on a claim that is obviously not within the scope of what was agreed to be arbitrable; the opposing party can still invoke the delegation clause to insist that the arbitrator, not the court, decide its arbitrability. ” Contec Corp. Remote Sol. 455 (2019).

Claims 40
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Between A Rock and A Hard Place: How the Severin Doctrine May Relate to Your Statute of Limitations Period

Best Practices Construction Law

I previously blogged about the rules relating to pass-through claims , where a prime contractor’s recovery from an owner for damages suffered by its subcontractor is limited in certain circumstances. KBR submits a certified claim with the Army for $10.4 In Kellogg Brown & Root Servs., million; and. million; and.

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#96:  Payment Bond Sureties and "Pay-if-Paid" Subcontracts

NH Construction Law

2d 680 (2005), construing West Virginia law, held that it was. This means we must examine the language of the bond in order to ascertain which “specific agreement” is incorporated into the bond, and thus which contract’s provisions are the measure of the surety’s exposure. CNA Surety Corp. , 33, 614 S.E.2d