Construction Law Review

June 2008

New York Appellate Court Holds That No Damages for Delay Clause Does Not Bar Recovery of Early Completion Bonus

United States Court Of Federal Claims Recognizes General Contractor’s Claim For Cumulative Impact Resulting From Many Modifications And Rejects Defense That Modifications Constituted Accord And Satisfaction

US District Court in California Holds Basic Builder’s Risk Coverage Inapplicable to Increased Cost Of Completing Portion Of Project Which Was Not Built At Time Of Failure – Rather Coverage of Such Losses Was Restricted to More Limited Additional Coverage Part

North Carolina Appellate Court Holds Limitation Of Damages And Indirect Damages Provisions In Engineering Contract To Be Enforceable

US District Court in New York Holds That CPM Expert Not Required to Prove Delay and That Liquidating Agreement is Required in Order to Bring Pass-Through Claims

Federal Claims Court Approves Contractor’s Use of Blue Book Rates to Calculate of Standby Equipment Costs in Constructive Change Claims Against the Navy

US District Court in Michigan Holds No Damages for Delay Provision in Subcontract to be Performed in Georgia Unenforceable Under Ohio Statute Where Choice of Law Provision Specified Application of Ohio Law

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