A recent matter with the Civilian Board of Contract Appeals discusses a cardinal change theory of liability.
A cardinal change “occurs when the government effects an alteration in the work so drastic that it effectively requires the contractor to perform
Kirwin Norris, P.A.
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IMPOSSIBILITY OF PERFORMANCE AS EXCUSE TO FAILURE TO ACHIEVE PERFORMANCE SPECIFICATION
“There are generally two types of specifications: design specifications, which tell the contractor in detail how the work is to be performed; and performance specifications, which tell the contractor the end result that is expected and leave it to the…
QUICK NOTE: EICHLEAY DAMAGES (UNABSORBED HOME OFFICE OVERHEAD)
In the previous posting, I discuss the Civilian Board of Contract Appeals’ case of Quality Trust, Inc. That case deals with a claim known as constructive suspension. However, the case also discusses unabsorbed home office overhead damages known as…
A CLAIM FOR CONSTRUCTIVE SUSPENSION DOES EXIST
A claim for constructive suspension does exist:
“Constructive suspension occurs when work is stopped absent an express order by the contracting officer and the [G]overnment is found to be responsible for the work stoppage.” “A constructive suspension will be found…
ADMISSIONS IN ANSWERS TO CONSTRUCTION LAWSUITS MATTER
Ogden v. Defelice, 50 Fla.L.Weekly D937d (Fla. 5th DCA 2025), is a construction case that doesn’t talk about construction issues. Go figure. Nonetheless, it does touch upon two worthy considerations: (i) admissions in answers to lawsuits; and (ii) fictitious names. Both…
UNJUST ENRICHMENT DAMAGES MUST BE MEASURABLE AND QUANTIFIABLE
Just because you are pursuing a claim for unjust enrichment does not mean you don’t have to still prove your damages with a reasonable degree of certainty. You ABSOLUTELY do:
Under Florida law, unjust enrichment damages must reflect the reasonable…
WARY TO THE UNLICENSED CONTRACTOR – YOU ARE SH*T OUT OF LUCK
Constructing licensing is governed under Florida Statutes Chapter 489. Under Florida Statute s. 489.128, an unlicensed contractor has NO rights or remedies. Stated differently, an unlicensed contractor is “sh*t out of luck!”. However, what’s been complicated, and it really…
AGENCY PRINCIPLES MATTER (INCLUDING WHEN IT COMES TO ARBITRATION PROVISIONS)
A non-construction case touches upon important considerations regarding arbitration and agency principles. Agency principles matter and while this case deals with agency principles relative to arbitration, the principles can be extrapolated to a variety of scenarios.
Here are the key…
A CONTRACT IS A CONTRACT: RELEASES AND CHANGE ORDERS / BILATERAL MODIFICATIONS ARE CONSTRUED AS CONTRACTS
A contract is a contract. It should say what it means and means what it says. A release is construed like a contract. A change order or bilateral modification is construed like a contract. The decision out of the United…
SPEARIN DOCTRINE CAN APPLY IN DESIGN-BUILD CONTEXT
The Spearin doctrine is a doctrine in the construction industry that broadly means the owner impliedly warrants the constructability of the plans and specifications given to the contractor. This implied warranty attaches to a design specification, but not a performance…