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It remains one of the landmark construction law cases. [1] The owner impliedly warrants the information, plans and specifications which an owner provides to a general contractor . The contractor will not be liable to the owner for loss or damage which results solely from insufficiencies or defects in such information, plans and specifications.
The case most often cited as initiating the superior knowledge doctrine is Helene Curtis Industries, Inc. v. United States. [4] Helene Curtis Industries received an army contract for large quantities of a disinfectant chlorine powder that had never been mass-produced.
Construction law builds upon general legal principles and methodologies and incorporates the regulatory framework (including security of payment, planning, environmental and building regulations); contract methodologies and selection (including traditional and alternative forms of contracting); subcontract issues; causes of action, and liability, arising in contract, negligence and on other ...
For claims of $100,000 or less, the Contracting Officer is required to issue a decision within 60 days of receipt of the claim provided the contractor requests a decision within that time period. [6] For claims in excess of $100,000, the Contracting Officer is required, within 60 days, either to issue a decision or notify the contractor when a ...
In the mechanics lien process, a lien waiver is a document from a contractor, subcontractor, materials supplier, equipment lessor or other party to the construction project (the claimant) stating they have received payment and waive any future lien rights to the property (of the owner) for the amount paid.
A claim chart is a widely used device in patent infringement litigation. [1] It is a convenient and effective means for analyzing and presenting information regarding a patent claim .
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In construction contracting, a latent defect is defined as a defect which exists at the time of acceptance but cannot be discovered by a reasonable inspection. [ 2 ] In the 1864 US case of Dermott v Jones, the latent defect lay in the soil on which a property had been built, giving rise to problems which subsequently made the house ...