FEDERALDistrict Court, M.D. Alabama
2011

Glenn Construction Co. v. Bell Aerospace Services, Inc.

785 F. Supp. 2d 1258District Court, M.D. Alabama • Decided 2011Enforced

HOLDING

Glenn Construction sued Bell Aerospace and the project engineer BWSC over a $6 million helicopter hangar project. The court enforced the contract's engineer decision clause, ruling that BWSC's interpretations were final and binding unless Glenn Construction appealed within 30 days. Glenn Construction lost because it failed to follow the contractual dispute procedures and didn't timely challenge the engineer's decisions. This case shows that subcontractors must strictly follow contract deadlines and procedures when disputing engineer rulings or lose their right to claim damages.

KEY FINDINGS

Change Order

Always appeal engineer decisions within the exact timeframe stated in your contract—missing the deadline forfeits your right to dispute

Dispute Resolution

Follow all contractual dispute procedures precisely; failure to do so can bar your entire claim even if you have merit

Retention

Engineer decisions are typically final and binding unless your contract explicitly allows appeals or further review—know your contract's dispute resolution chain

FULL COURT OPINION