“The problem with communication is the illusion that it has occurred,” said famed playwright George Bernard Shaw. A subcontractor, in a collection of letters sent to the prime over the course of several months, assumed that it had conveyed the message that it would pursue a claim for lost labor productivity. However, because it did not follow the precise requirements stated in the subcontract, its claim was denied.

Lost profits and a wrongly terminated subcontractor are at the heart this week’s second case. The court approved a daily rate calculation to determine what the subcontractor could have reasonably received for its work had its contract not been terminated.

In the third case, a whistleblower’s qui tam action on a state transportation project is called into question whether the project was subject to the provisions of the federal False Claims Act. The court determined that the validity of the action depended on how federal funds were dispersed on the project.

And finally, WPL Publishing is pleased to announce the launch of our newest website, http://www.constructionadvisortoday.com/. This complimentary online news source shares commentary by Construction Claims Advisor Editor Bruce Jervis and provide news and insight as it relates to construction law, green building, project controls, building information modeling (BIM), scheduling and more.