What referenced item in the subcontract was not attached to the contract documents?

10 pts): What referenced item in the subcontract was not attached to the contract documents? 2. (10 pts): What did the parties do to recognize or rectify the issue in question #1? 3. (5 pts each): A. Did the contract documents have a liquated damages clause? If so, how much was it? B. Did the contract documents have an incentive payment clause? If so, how much was it? 4. (10 pts): Did the court award the subcontractor delay damages under any specific written provision of the contract documents? Why or why not? 5. (10 pts): What was the subcontractor’s alternative (or second) theory for seeking damages?

Attachments:

Case Study #1:  Howard P. Foley Co. v. J.L. Williams & Co., Inc., 622 F.2d 402 (1980)

 

Answer the following questions based upon your review of the case.

  1. (10 pts): What referenced item in the subcontract was not attached to the contract documents?

 

  1. (10 pts): What did the parties do to recognize or rectify the issue in question #1?

 

 

  1. (5 pts each):
  2. Did the contract documents have a liquated damages clause? If so, how much was it?
  3. Did the contract documents have an incentive payment clause? If so, how much was it?

 

  1. (10 pts): Did the court award the subcontractor delay damages under any specific written provision of the contract documents?  Why or why not?

 

  1. (10 pts): What was the subcontractor’s alternative (or second) theory for seeking damages?