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Breach of Contract › US Army Corps of Engineers

Bradley Arant Boult Cummings LLP

Government's Over-Inspection Sufficient to Support Breach of Duty of Good Faith and Fair Dealing - Construction and Procurement...

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The Armed Services Board of Contract Appeals’ recent decision in Appeal of Watts Constructors, LLC gave life to a contractor’s claim that the government violated its implied duty of good faith and fair dealing. Under a...more

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Federal Court Clarifies When Idle Equipment Costs Are Recoverable Under the Miller Act

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United States ex rel. Am. Civ. Constr., LLC v. Hirani Eng’g & Land Surveying, P.C., 2018 U.S. Dist. LEXIS 200829 (D.D.C. Nov 28, 2018). The case involved the construction of a levee wall on the National Mall in Washington,...more

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Casting the First Stone: Contractors Considering Default Termination Should Examine Which Party Committed First Material Breach -...

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During a construction project, circumstances may arise that lead a general contractor to consider termination of a subcontractor’s right to proceed under the subcontract. The Randy Kinder Excavating v. J.A. Manning...more

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General Contractor’s Unjustified Threats To Assess Delay Damages Against Subcontractor Are A Material Breach Of Contract

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Randy Kinder Excavating, Inc. v. JA Manning Constr. Co. 2018 U.S. App. LEXIS 21878 (8th Cir. Aug. 7, 2018) - This dispute arose from a contract to build a pumping station in Arkansas (the “Project”). In June of 2010, the...more

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Project Delays/Wrongful Termination: Eighth Circuit Court of Appeals Addresses Construction Dispute Related to White River Pumping...

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The United States Court of Appeals for the Eighth Circuit (“Court”) addressed in an August 17th opinion a contract dispute between a general contractor and a subcontractor working to construct an Arkansas pump station for the...more

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Federal Court in Pennsylvania Holds That Contractor’s Nominal Underpayment of Progress Payments Does Not Relieve Subcontractor’s...

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Butch-Kavitz, Inc. v. Mar-Paul Co., Inc., 2015 U.S. Dist. LEXIS 160652 (M.D. Pa. Dec. 1, 2015) - The United States Army Corps of Engineers (the “Owner”) entered into a contract (the “Contract”) with Mar-Paul Company,...more

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Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not...

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Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) - This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force...more

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Limits on the Implied Duty of Good Faith and Fair Dealing

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In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more

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