Brian Morrow, P.E., EsqRoadbuildingContractor’s claim against government for breach of implied covenant of good faith andfair dealing deniedIn a recent case involving utility work on an Army base – Appeal of Tug Hill Construction, Inc. (Oct. 16, 2014) – the Armed Services Board of Contract Appeals (Board) denied a contractor’s claim for $11.4 million based on an alleged breach of the covenant of good faith and fair dealing by the government. The […]December 8, 2014RoadbuildingDelays and disruptions clause deemed unenforceableIn a recent case involving no-damages-for-delay clauses – Zachry Construction Corp. v. Port of Houston Authority of Harris County, Aug. 29, 2014 – the Texas Supreme Court held a no-damages-for-delay provision in a construction contract by the Port of Houston was unenforceable. No-damages-for-delay clauses can be found in private construction contracts, and public construction contracts […]October 9, 2014RoadbuildingWhy Construction Delays Cost MoneyContractor makes claim against Army Corps of Engineers for delay damages.August 6, 2014RoadbuildingContractor’s dewatering claim for $24 million dismissed based on failure to follow contract disputes actContractor’s dewatering claim for $24 million was dismissed based on failure to follow contract disputes act.July 2, 2014RoadbuildingUnlicensed contractors on federal construction projects are entitled to payment under the Miller ActIn a recent case involving the intersection of state and federal law – Technica LLC v. Carolina Casualty Insurance Company (U. S. Court of Appeals, 9`11 Circuit, April 29, 2014) – a federal court held that a California law restricting the right of unlicensed contractors to obtain payment did not apply to actions under the […]June 13, 2014RoadbuildingPut It In WritingClaims against the Georgia DOT for increased material costs are denied due to failure to comply with claim-notice requirements.May 7, 2014RoadbuildingUnsteady GroundCorps of Engineers denies contractor’s Type 1 differing site condition claim on Iraqi project.April 12, 2014Page 1 of 1Top StoriesTractorsKubota Revamps BX90 Subcompact Tractor Line With More Power and CapabilityThe five new models are completely redesigned for year-round work — mowing, digging, clearing snow and loading.Graders/ScrapersK-Tec Reveals 1232 Scraper with 32-Yard Capacity for Articulated HaulersMarket PulseQuick Data: Top-Selling New and Used Compact Utility LoadersMini ExcavatorsCat’s New 2.4- and 2.6-Ton Mini Excavators Pack More LiftOff-Road TrucksDeere Previews Autonomous Haul Truck: One Truck, Two Operation Modes
