It is common for a contract to require a written notice of claim for delay damages. But, what if the contract doesn’t contain an objective completion deadline? How does one recognize delay? These were the issues recently addressed by a New York court, which held that a delay claim was not barred by failure to give timely written notice.

A Tennessee court grappled with the question of whether a private project owner fraudulently exploited a contractor’s unilateral mistake in pricing its work. The court noted that although the project owner declined to disclose the bid price spread to the low bidder, it did give the bidder the opportunity to review and confirm its price.

In another bidding case, a bid on a federal contract was responsive despite a discrepancy between the company name on the bid and the name on the bid bond. Documents submitted with the bid established that the two were one and the same.