QUICK NOTE: JUST BECAUSE A DISCRETIONARY CONTRACTUAL PROVISION DOESN’T GO YOUR WAY DOESN’T MEAN THE OTHER PARTY BREACHED THEIR IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING
In the previous posting, I discussed a contractor that lost its constructive acceleration claim. In the same case, the contractor argued that the government / owner breached the implied covenant of good faith and fair dealing that exists in every contract. The...
PROVING THE ELEMENTS OF A CONSTRUCTIVE ACCELERATION CLAIM REQUIRES PROOF THAT THERE WAS AN EXCUSABLE DELAY
In a recent dispute out of the Federal Circuit, Amatea/Grimberg JV v. Secretary of the Navy, 2025 WL 1752375 (Fed.Cir. 2025), a contractor submitted a constructive acceleration claim to the government after its request for time extension was denied. The contractor claimed it directed its subcontractors...
CONTRACTOR’S FAILURE TO PROVIDE CRITICAL PATH ANALYSIS CAN BE FATAL TO DELAY CLAIM
QUICK NOTE: PRINCIPAL ARGUING BAD FAITH AGAINST ITS OWN SURETY
The General Agreement of Indemnity a principal executes with its surety is the most--and certainly one of the most--powerful documents in construction. Consider this when executing a General Agreement of Indemnity in order to procure bonds.
In a recent case, the surety sought indemnity from its indemnitors...
ESTABLISHING JUSTIFICATION FOR TERMINATION FOR DEFAULT
A termination for default (for cause) is drastic recourse. It operates as the harshest breach of contract recourse out there. The reason being is that you are saying the other side's breach of the contract is material—goes to the essence of the contract—and forms...
About The Author
David Adelstein
Phone: (954) 361-4720
Email: Dadelstein@gmail.com