PUBLIC CONSTRUCTION CONTRACTS LAW NEWSLETTER

This is the first of a series of volumes of reports by the states on current cases and developments in the field of public construction contract law. The case digests presented in this volume relate to the following: finality of the engineer's decision; ambiguity in contract language; total cost theory as a measure of damages; sovereign immunity in public contract litigation; liability of a public entity under quasi or implied contract theory; owner's liability for negligent acts of its contractors; error in bidding; breach of warranty; engineer's authority to classify materials for payment; cost overruns incurred as a result of rapidly escalating process; delay in execution of contract; disclaimers of estimated quantitites; contractor's failure to obtain proper zoning of a borrow site; liability of surety under performance bond; statute of limitations; anticipatory breach; cost underruns; "act of God" delays; additional compensation--contractor's failure to maintain records; constitutional immunity for payment of highway construction contract claims; misrepresentation in contract; "changed conditions: clause; liability for failure to award to lowest responsible bidder; low review articles; delay in performance of the contract; alteration of bid; written change orders; issuance of a major change order violates competitive bidding; affirmative action provisions in public construction contracts; status of contracting parties: subcontractor or fabricator; executed change order not accord and satisfaction; inquires from public contract attorneys. The following articles are also included: The Engineer's Determination--A Jury View; California Bridge Failure Settled for $2-1/2 million; Commentary on Recent Cases in Texas Wherein Contractors were seeking to Avoid the Arbitration clause in the Standard Highway Department Contract.

• Corporate Authors:

  Transportation Research Board

  A4005: Committee on Contract Law
  Washington, DC  United States  20418
• Publication Date: 1977-7

Media Info

• Pagination: 107 p.
• Serial:
  • Public Construction Contracts Law Newsletter
  • Volume: 1
  • Publisher: Transportation Research Board

Subject/Index Terms

• TRT Terms: Arbitration; Bids; Contractors; Contracts; Costs; Employee compensation; Laws; Laws and legislation; Legal documents; Legal immunity; Liability; Loss and damage; Publicity; Zoning
• Uncontrolled Terms: Compensation; Statute of limitations
• Subject Areas: Administration and Management; Construction; Design; Finance; Highways; Law; Operations and Traffic Management; I73: Traffic Control;

Filing Info

• Accession Number: 00389115
• Record Type: Publication
• Files: TRIS, TRB
• Created Date: Nov 30 1984 12:00AM