In American Electric Co. LLC v. Parsons RCI, Inc., 2015 U.S. Dist. LEXIS
26087, the Hawaii U.S. Dist. Court was asked to rule on a summary judgment motion to eliminate a claim for liquidated damages in a construction project based upon the allegation that, in fact, the complaining party had suffered no damages and therefore
March 2015
Bid Protest Win: Public Job Bids Must Be Handed Over On Time or They Must Be Rejected
By Anna Oshiro on
I recently litigated a bid protest seeking to overturn acceptance of a bid for a $7 million dollar paving job. The time set for bid opening was 2:00. On the date of bid opening, the low bidder ran into the room, self-stamped his bid, and handed it over to the public agency rep. behind the counter. The…
ICA Decision Doubles Down on Important Finding that a Contractor Assumes the Role of an Insurer If it Contracts to Defend and Indemnify
By Anna Oshiro on
AIA contract language on indemnification typically requires contractors to hold harmless and indemnify against claims arising out of their performance of work. Simply translated, this means if an owner is sued and ultimately it is determined that the contractor or its representatives or subcontractors were the source of the suit, the contractor must indemnify the owner…