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Waiver and Release
Waiver and Release
Recent Issues
STATE HAD NO RECOURSE AFTER FINAL ACCEPTANCE
A contract, drafted by a state Department of Transportation, released its contractor from any further responsibility after final acceptance of the work. The DOT had no recourse for allegedly defective work discovered after final acceptance.
CONTRACT MODS MAY NOT HAVE WAIVED LABOR INEFFICIENCY CLAIMS
Broad settlement and accord language in contract modifications may not have waived claims for labor inefficiency caused by the cumulative impact of multiple change orders. The government’s conduct during the change order process was not consistent with that interpretation.
CONTRACTOR MAY HAVE WAIVED RIGHT TO DELAY DAMAGES
If a contractor did not itemize the cost elements of its claim for delay damages, as called for in a standard state contract form, the contractor’s claim was waived.