February 12, 2007

EDITOR'S NOTES

What constitutes a pass through claim? A subcontractor on a hospital project filed a breach of contract claim against the contractor for failing to provide timely responses to project-related questions. But, the contractor countered that it was awaiting a response from the owner. Despite the subcontractor’s insistence that its claim was not a pass through claim, a district court ruled otherwise and ordered the subcontractor to mediate the dispute with the owner, with whom it did not have a direct contract. Unlike last week’s case in which a California appeals court ruled that court-mandated mediation was not legal, it is in this case because the prime contract required it.

This week’s other two cases tackle a waiver of subrogation clause in a standard contract and the problems of conflicting specifications on a government project.

This issue concludes with an informative look at the problems associated with a complex, as-planned schedule that endured constant modifications and countless delays. Two experts from Warner Consulting take a hindsight look at where the schedule went wrong and what could be done in the future to avoid similar problems in this two-part series.

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