Urban Masonry Corporation, Appellant, N&N Contractors, Inc., Appellee,
676 A.2d 26 (D.C. App. 1996)
In November 1990, Urban Masonry Corporation (Urban) subcontracted with N&N Contractors, Inc., (N&N) to install concrete panels on a major construction project in the District of Columbia. Urban was the subcontractor of the general contractor, Blake Construction Company, and N&N was a subcontractor of Urban. The panels were to be supplied by Blake.
Upon installation of the concrete panels it became obvious that the panels were smaller than anticipated, therefore, additional pieces would be needed to complete the project. Because this was beyond the scope of the original agreement, it was agreed between Urban and N&N, that Urban would pay additional compensation for installing extra panels. In fact, Urban’s Project Manager sent a “speed memo” affirming the compensation, and Urban’s President sent a letter acknowledging the request for compensation and promised to pass on the claim to the general contractor (Blake). Subsequently, Urban made a settlement with Blake which did not include compensation for N&N’s claims in November 1991.

ThermoCor, Inc. v. United States,
1996 U.S. Claims LEXIS 68 (Cl. Ct. 1996).
On October 16, 1989, the United States Army Corps of Engineers (“Corps”) awarded ThermoCor, Inc. (“ThermoCor”) a contract in the amount of $15,500,000 to excavate and treat soils contaminated with polychlorinated biphenyls (“PCB’s”) in Erie County, New York. In part, the contract provided for estimated quantities, from which ThermoCor submitted a unit price bid. The contract also provided a Variance in Estimated Quantity Clause (“VEQ”), which provided, in pertinent part:
If the quantity of a unit-priced item in this contract is an estimated quantity and the actual quantity of the unit-priced item varies more than 15 percent above or below the estimated quantity, an equitable adjustment in the contract price shall be made upon demand of either party. The equitable adjustment shall be based upon any increase or decrease in costs due solely to the variation above 115 percent or below 85 percent of the estimated quantity. 48 C.F.R. [[section]] 52.212-11 (1989) (emphasis supplied).

Valley View Enterprises, Inc. v. United States,
35 Fed. Cl. 378 (1996).
On September 22,1992, the Department of the Army awarded plaintiff Valley View Enterprises, Inc. (“Valley View”) a contract to replace seventeen steam lines located at the United States Military Academy in West Point, New York in connection with…

R.W. Dunteman Company v. The Village of Lombard,
1996 Ill. App. LEXIS 375.
R.W. Dunteman Co. (Dunteman), entered into a construction contract with the Village of Lombard (Village), including the terms that Dunteman would remove and replace some road-way within the Village. The contract provided two different rates potentially applicable…

Electro Assocs., Inc. v. Harrop Constr. Co., Inc.,
908 S.W.2d 21 1995 Tex. App. LEXIS 1968 (Tex. Ct. App. August 24, 1995).
Because the contractor-subcontractor relationship is not a “special relationship” giving rise to common law duty to act in good faith, subcontractor’s suit against general contractor for breach of…

APAC-Georgia, Inc. v. Department of Transportation,
1996 Ga. App. LEXIS 503 (Ga. Ct. App. May 13, 1996).
Contract provision requiring notice for claims based on extra work did not require such notice for delay claims based on failure to coordinate; issue of fact existed as to whether separate notice requirement…

Grange Mutual Casualty Co. v. Robert Locker Builder, Inc.; Panzica Constr. Co. v. Ohio Ins. Casualty
1996 Ky. App. LEXIS 8 (Ky. Ct. App., Jan. 19, 1996); 1996 Ohio App. LEXIS 1975 (Ohio Ct. App., May 1
Provision in the standard broad form endorsement to comprehensive general liability insurance policy,…

Kit-San-Azusa v. United States,
1996 U.S. App. LEXIS 10370 (Fed. Cir. Ct. App., May 7, 1996).
Government contractor’s differing site conditions claim based on the discovery of unanticipated boulders during excavation was upheld even though the Government’s general description of the site stated that cobbles and boulders were present at…

Roy A. Elam Masonry, Inc. v. Fru-Con Construction Corporation,
1996 Mo. App. LEXIS 481 (March 26, 1996).
On November 14, 1988, the general contractor, Fru-Con Construction Corp. (Fru-Con) entered into a construction contract with Southwestern Redevelopment Corp (SRC), the owner. In early 1989, Fru-Con and a subcontractor Roy A. Elam…

State of Florida, Department of Insurance v. The United States,
81 F.3d 1093 (U.S. App. 1996) LEXIS (Fed. Cir. 1996).
The construction contract at issue in this case resulted in a default termination of the contractor and the contractor’s surety. The surety’s receiver sued the United States for damages based…