EDITOR'S NOTES | Issue 2-4
publication date: Jan 25, 2004
Termination For Default, Differing Site Conditions
In our first case summary, the contractor for some reason did not or could not provide a payment bond and was terminated. When the surety went out of business, the contractor insisted the reinsurance covered both performance and payment bonds. Not so. The second case summary involves a differing site conditions claim in a very close decision — so close that all three judges wrote opinions and the contractor was invited to resubmit under the Changes clause.
Claims Administration Program
This article first appeared in 1978 in Excavating Contractor magazine. While the original article was written for the contractor, the tenants expounded in the original article are still valid, and apply equally to both owner and construction managers.
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