American Council Of Engineering Companies
 


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Court cases of interest:

  • Construction defect. A geotechnical engineer had a clause in his contract with the owner to limit his liability to $50K. Court found it did limit liability to the owner; however it did not shield the geotech from indemnity claims by the contractor or engineer. (TSI Seismic v. Geocon Inc., 149 Cal. App. 4th 159 2007)

  • Bid irregularity. Construction company was the original low bidder for a federal project. The Government issued an addendum which changed the bid form. Company submitted its bid on the original bid form, rather than on the revised form. Even though the bid acknowledged the addendum, the Government rejected company’s bid as non-responsive since it was not on the revised form. Since it was unclear if company had indeed committed to the exact terms of the addendum, the agency properly rejected the bid due to the irregularity. (Matter of McKinley Construction & Excavating (2005) Comp. Gen. No. B-295547)

Contracts Seminar – May 29-30, Chicago
Recognizing the Snares and Pitfalls in Construction Industry Contracts
Learn the language that is most controversial and how to reach an understanding that all parties can live with. Listen to experts who have written and negotiated contracts that stand up in courts and how they deal with difficult provisions. Click here for more information and/or to register.

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No other single web site has so many readily available contracts and related materials. But if you find anything missing from Contracts Central, please e-mail ebajer@acec.org as we continue to build our program to serve the industry.

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