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Remedies Keyed to Kovacic-Fleischer, 8th
County Commissioners v. J. Roland Dashiell & Sons, Inc.
Citation:
358 Md. 83, 747 A.2d 600 (2000)Facts
On February 22, 1994, Caroline County entered into a Standard Form of Agreement with J. Roland Dashiell & Sons, Inc. for construction of a detention center renovation for $3,075,383, to be completed within 425 calendar days. The contract incorporated American Institute of Architects Document A201, which contained specific provisions regarding claims procedures, requiring written notice within 21 days of events giving rise to claims. Dashiell received a Notice to Proceed on March 22, 1994, requiring completion by May 22, 1995. One sixty-day extension was granted, extending the deadline to July 21, 1995. Construction was not completed by this date. Dashiell sent preliminary notices of intent to file claims in February 1995 and February 1996 but did not file a proper claim until July 15, 1996, well beyond the contractual time limits. The County withheld $326,621 in liquidated damages as provided in the contract. Dashiell filed suit seeking over $2,000,000 in damages and return of the liquidated damages, asserting claims for unjust enrichment despite the express contract.
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