Glenn Construction Co. v. Bell Aerospace Services, Inc.
785 F. Supp. 2d 1258 | District Court, M.D. Alabama | 2011
What This Case Means for Subcontractors
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 Takeaways
- •Always appeal engineer decisions within the exact timeframe stated in your contract—missing the deadline forfeits your right to dispute
- •Follow all contractual dispute procedures precisely; failure to do so can bar your entire claim even if you have merit
- •Engineer decisions are typically final and binding unless your contract explicitly allows appeals or further review—know your contract's dispute resolution chain
Engineer's decisions on claims were final and binding unless appealed within thirty days.
Frequently Asked Question
What happens if I miss the deadline to appeal an engineer's decision on my claim?
You lose your right to dispute it. Courts will enforce contract clauses making engineer decisions final if not appealed within the specified timeframe. Even if the engineer was wrong, missing the deadline bars your claim. Always calendar appeal deadlines and submit challenges within the exact window your contract requires.
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