CIC Newsletter
articles written by Alexander A. Miuccio
2013
April 2013: Owner Precluded From Recovering Consequential Damages
March 2013: Contractor Denied Recovery For Unforseen Subsurface Conditions
February 2013: Contractual Time Limitations Bar Contractor's Extra Work Claim
January 2013: Court Rules Contractor Not Bound To Unsigned Subcontract
2012
December 2012: Contractor's Kick Back Scheme Bars Recovery For Work Performed
November 2012: Court Upholds Subcontractor's Willful Violation of Prevailing Wage Laws
October 2012: Lien Rights At Risk When Doing Business With Unlicensed Contractor
September 2012: Contractor Not Liable for Unpaid Wage Claims of Subcontractor's Workers
August 2012: Subcontractor Allowed Recovery Under Letter of Intent
July 2012: Court Dismisses Lien Claim Against Owner
June 2012: Lowest Bidder Rejected for Lack of Project Experience
May 2012: Contractor Liable for Willful Exaggeration of Lien
April 2012: Court Allows Subcontractor's Unjust Enrichment Claim
March 2012: Court Rejects Contractor's Delay Claim
February 2012: Contractor's Failure to Comply with Notice Provision Bars Extra Work Claim
January 2012: Town Violates Lowest Responsible Bidder Requirements
2011
December 2011: Corporate Agent May Be Personally Liable on Contract
November 2011: Court Rejects Concrete Supplier's Claim Against Contractor
October 2011: Court Rejects Claim for Unanticipated Increase in Cost of Materials
September 2011: Court Enforces Waiver of Lien Against Unpaid Contractor
August 2011: Contractor May Be Personally Liable for Diversion of Trust Funds
June 2011: The Pitfalls Of Stopping The Work For Nonpayment
May 2011: Court Allows Claim For Personal Liability Against Corporate Owner
April 2011: Contractor's Conduct Shows Acceptance To Terms Of Oral Contract
March 2011: Court Rules Bidder is Not Responsible
February 2011: Court Rejects Subcontractor’s Mechanic’s Lien
January 2011: Subcontractor Allowed Recovery For Work Performed
2010
December 2010: Court Allows Change Order And Extra Work
Claims But Rejects Delay Claim
November 2010: Court Rejects Extra Work Claims
October 2010: Contractor Allowed To Correct
Mistake After Bid Opening
September 2010: Court Rejects Variance From Bid Requirements
August 2010: Alter-Egos And Personal Liability
Of Corporate Owners Are Triable Issues
July 2010: Mutual Misunderstanding
Nullifies Contract
June 2010: Court Rejects "Flow-Down" Provision in Subcontract
May 2010: Court Dismisses Lien Claim Against Owner
April 2010: Court Allows Recovery for Verbal Extra Work Claim
March 2010: Short Contractual Time Period Dooms Sub's Claim
February 2010: Contractor Denied Recovery for Unforseen Site Conditions
January 2010: Court Rejects Contractor’s Delay Claim
December 2009: False Vendex Statements Doom Contractor's Delay Claim
November 2009: Court Allows Contractor's Work Claim Against Architect
October 2009: Court Rules on Personal Liability Against Corporate Owner
September 2009: Subcontractor Allowed Recovery for Value of Work Performed
August 2009: Union Challenges Prevailing Wage Rate Determination
July 2009: Court Rejects Bid for Unresponsiveness
June 2009: Court Addresses Liability of Successor Company
May 2009: Court Rules on Method for Calculating Damages
April 2009: Contractual Time Limitation Bars Sub’s Claim
March 2009: Subcontractor Not Entitled to Delay Damages
February 2009 : Court Rules Owner Waived Contract Requirement for Written Extra Work
January 2009: Court Rules on Extra Work and Delay Claims
2008
December 1, 2008: Court Rejects Owner’s Claim That Contractor was Required to Bond Project
November 1, 2008: Court Rules Owner Waived Contract Requirement for Written Extra Work
October 1, 2008: Corporate Principal Personally Liable for Fringe Benefit Contributions
September 1, 2008: Subcontractor Not Entitled to Delay Damages
August 1, 2008: Court Rejects Pay-When-Paid Contract Provision
July 1, 2008: Contractor’s Pre-Bid Failure to Inspect Site Dooms Extra Work Claim
June 1, 2008: Time Limitation Does Not Bar Sub’s Claim
May 1, 2008: Court Rejects Delay Claim
April 1, 2008: Court Rejects Bid For Unresponsiveness
March 1, 2008: Trust Funds Assure Payment to Subs and Suppliers
February 1, 2008: Court Rules Contractor’s Claims are Not Time Barred
January 1, 2008: Court Rules on Measure of Damages to
Repair and Complete Contract Work
2007
December 1, 2007: Contractor Allowed Recovery for Substantial Performance
November 1, 2007: Court Questions Validity of Progress Payment Releases
October 1, 2007: Summary Judgment Denied Where Subcontractor Fails to Perform
September 1, 2007: Damages Where Contractor Terminated-For-Convenience
August 1, 2007: Court Interprets Contractual Terms
July 1, 2007: Low Bidder Allowed to Correct Mistake After Bid Opening
June 1, 2007: Court Rejects Claims for Unwritten Change Order Work
May 1, 2007: Contractor Liable for Indemnification and Failure to Obtain Insurance for Owner
April 26, 2007: Safety Policy - Abatement Measures Under OSHA’s General Duty Clause
April 1, 2007: Contractual Time Limitations Dooms Sub’s Payment Bond Claim