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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.
The majority opinion, written by Judge Bryson, began by clarifying the hierarchy of evidentiary source usable for claim construction. Most importantly, the words of the claims should be given their ordinary meaning in the context of the patent documents, as interpreted by a person of ordinary skill in the art to which the patent pertains.
For example, hurricane wind damage or a fire in your home often result in extensive damage and will typically be the right catalyst for filing a claim. You have an endorsement for the damage
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 ...
Claims by the Federal Government against a contractor must be the subject of a decision by the Contracting Officer. [2] Apart from claims by the Federal Government alleging fraud in connection with a claim by the contractor, all claims by either the Federal Government or the contractor must be submitted within six years after the accrual of the ...