10 results for 'cat:"Construction" AND cat:"Government" AND cat:"Contract"'.
J. Dorrian finds the lower court properly granted the state of Ohio's motion to dismiss the construction company's interference with a contract claim. Although the company's income fell significantly after certain projects were diverted to another agency within the state, the agencies assigning and completing the work are both arms of the state and, therefore, the company could not satisfy the outside party requirement of the claim. However, because evidence in the record shows the state agencies misled individuals about whether certain projects were covered by the construction company's services contract with the state, it has stated a viable contract claim, which will be reinstated upon remand. Affirmed in part.
Court: Ohio Court Of Appeals, Judge: Dorrian, Filed On: March 7, 2024, Case #: 2024-Ohio-824, Categories: construction, government, Interference With contract
J. Prouty denies the contractor's appeal alleging unstable site conditions of a bank of a drainage canal on which it was contracted by the Army Corp of Engineers to complete an armoring project. Though the contractor says the government mischaracterized the conditions, contractual specifications, though not alerting the contractor to the problems encountered, were not affirmatively misleading, as none of the work was located at or near the area where the problems arose.
Court: Armed Services Board Of Contract Appeals, Judge: Prouty , Filed On: February 2, 2024, Case #: 62257, Categories: construction, government, contract
J. Mclish denies both the Navy's and the contractor's motions for summary judgment. Bilateral changes were made to the parties' contract, including various construction projects at the Philadelphia Naval Business Center. The contractor submitted a claim for $1.3 million for delays. The Navy has not established that any of its terms bar the contractor's claims, as the claims do not relate to the specific subject matters addressed by the modifications. The modifications are also ambiguous as to whether the parties intended them to cover the subject matter of the delay claims.
Court: Armed Services Board Of Contract Appeals, Judge: Mclish , Filed On: January 25, 2024, Case #: 63240, Categories: construction, government, contract
J. Mcilmail denies, in part, the government's motion to dismiss the contractor's claim. Although the board lacks jurisdiction over the contractor's claim for government-caused project delay and for more than $1 million in damages, it does have jurisdiction over its challenge to the government's termination of its contract by default.
Court: Armed Services Board Of Contract Appeals, Judge: Mcilmail , Filed On: December 21, 2023, Case #: 63461, Categories: construction, government, contract
[Consolidated] J. McLish denies the government's motion to dismiss the contractor's appeals on behalf of its subcontractors. The subcontractors say work on the construction of a building for the National Geospatial-Intelligence Agency in St. Louis was hindered and delayed by government responses to Covid-19, as well as cost increases. The complaint adequately asserts constructive changes entitling the contractors to equitable adjustment pursuant to the contract's “Changes” clause, constructive suspensions of work and breaches of the government’s implied duties.
Court: Armed Services Board Of Contract Appeals, Judge: McLish , Filed On: December 20, 2023, Case #: 63571, Categories: construction, government, contract
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J. Vitter denies a request by a construction company to dismiss claims of breaches by its estranged partner in a joint venture to obtain a public contract for a prison building project in New Orleans worth more than $144.9 million dollars. The former business partner has not met its burden of proving that the construction company’s legal claims have expired. The loans at issue in the suit are sufficiently intertwined with and dependent upon the underlying joint venture agreement such that the ruling finds that the litigation is one for breach of their agreement and not an “action on money lent.”
Court: USDC Eastern District of Louisiana , Judge: Vitter, Filed On: September 15, 2023, Case #: 2:22cv5323, NOS: Other Contract - Contract, Categories: construction, government, contract
[Consolidated.] J. Penzato finds that while the trial court properly ruled in favor of the prime contractor on its claim against the state agency involving a bridge repair project, it should have sided with the subcontractor on its claim against the prime contractor for money owed for stockpiled materials. The evidence does not support the agency's position that it overpaid the prime contractor and was entitled to "claw back" funds. Also, the prime contractor's argument that the subcontractor was not a "claimant" lacks merit since there was no "pay-if-paid provision" between the parties. Reversed in part.
Court: Louisiana Court Of Appeal, Judge: Penzato, Filed On: August 16, 2023, Case #: 2022CA1301, Categories: construction, government, contract
J. Stuart- Smith finds a lower court properly dismissed a resident's challenge of a grant of planning permission to a local borough. The resident argued that the grant of planning permission to redevelop land involved the wrongful felling of four mature trees, in violation of the original application. However, the local borough presented sufficient evidence in court that it amended its plan to go forward with construction without taking down "trees of significant amenity" or "ecological/ habitat conservation value." Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Stuart- Smith, Filed On: July 11, 2023, Case #: CA-2022-2463, Categories: construction, government, contract
[Consolidated.] J. Woodrow denies the contractor’s appeals of the Air Force’s denial of compensation costs for a second tensile strength test on a design-build contract for the replacement of a bridge at Joint Base San Antonio, Texas. Due to the late arrival of a concrete truck and the resulting inconsistently cured foundation, a second foundation had to be poured after the destruction of the first. The Air Force properly put the contractor on notice of the need for a second tensile strength test when it commented on the designer’s recommendation, and the test was reasonable and necessary to ensure the bridge deck integrity. The signed final inspection is not equivalent to acceptance.
Court: Armed Services Board Of Contract Appeals, Judge: Woodrow, Filed On: May 25, 2023, Case #: 63353, Categories: construction, government, contract
J. Taylor denies the Army Corps of Engineers’ motion to dismiss this suit seeking damages of over $1.6 million for the government’s alleged delay of its completion contractor’s performance for the design and construction of quarters and dining facilities at the Naval Support Activity Bahrain. The government terminated the construction contractor’s right to proceed for failing to meet progress schedules which caused permit and scheduling issues with the completion contractor. Events relating to the delay claim are based on a common set of operative facts. The bank has also provided separate sums for its claims resulting from the alleged contract change to other issues resulting from road closure requirements.
Court: Armed Services Board Of Contract Appeals, Judge: Taylor, Filed On: May 24, 2023, Case #: 63278, Categories: construction, government, contract