Prequel 1:
Presidential Field Links Obama Law Firm and Romney’s Laya To Aon 9/11
Prequel 2:
Lloyd's Register of Pedophiles - Bombardier - Deepwater Horizon - Embedded Incendiary Bombs - Martec: Lloyd's Subsidiary
“Obama Pissed Off At BP Oil Executives Over Spill”
Lloyd’s Register’s Martec displays a beautiful plane above but less so below
Lloyd’s Register-Martec associate, Laya Medawar
“PASS-THROUGH” CONSTRUCTION CLAIMS
by Harvey J. Kirsh
Harvey J. Kirsh is a Senior Partner with Osler, Hoskin & Harcourt LLP, and Co-Chair of the firm’s Construction and Infrastructure Group
Owner’s Defences and Limitations on “Pass-Through” Claims ……
The owner’s perspective on pass-through claims is that the contractor and subcontractor have joined together to mount a coordinated, compound attack. Owners may seek to respond to such claims:
(i) by turning to contract provisions (e.g., “no damage for delay” or “limitation of delay damages” clauses) in order to assert that the damages are non-compensable;
(ii) by conducting a critical path scheduling analysis in order to attempt to establish, based upon project records and construction schedules, that the owner was not the effective or a contributing cause of the delay; or alternatively that the concurrent delays of others serves to preclude recovery; or that neither the contractor nor the subcontractor undertook reasonable efforts to mitigate their alleged losses;
(iii) by challenging the theory, method and details involved in the calculation of damages; and
(iv) by referring to relevant jurisprudence, such as the important 1943 decision of the United States Court of Claims in Severin v. U.S. There, the court was presented with a pass-through claim for subcontractor delay damages arising out of the construction of a post office. Judge Madden, delivering the opinion of the court, noted that the terms of the subcontract relieved the contractor from liability to the subcontractor for losses caused by the owner (in that case, the federal government), and therefore dismissed the claim. As noted by one commentator, “(t)he Severin doctrine developed into a powerful defensive tool for owners, allowing dismissal of pass-through claims if the subcontractor could not recover from the prime contractor for such claims”. In other words, according to the Severin decision, where a contractor, by reason of an exculpatory or release clause in the subcontract, has no liability to his subcontractor for the owner’s breach of the general contract, the contractor may not successfully pass through the subcontractor’s damages claim to the owner.”
“Huff Post Green Sues BP For Gulf Oil Spill: U.S. Justice Department Files Lawsuit Against Nine Companies Involved In Disaster 12/15/10 11:38 PM ET .. NEW ORLEANS — The Justice Department sued BP and several other companies involved in the Gulf oil spill Wednesday, an opening salvo in the government's effort to get billions of dollars for untold economic and environmental damage. The government accuses the companies of disregarding federal safety regulations in drilling the well that blew out April 20 and triggered a deadly explosion on the Deepwater Horizon rig. The lawsuit is separate from a Justice Department criminal probe that has not resulted in any charges. "The department's focus on investigating this disaster and preventing future (spills) is not over," Attorney General Eric Holder said during a news conference in Washington. "Both our civil and criminal investigations are ongoing." The federal lawsuit filed in New Orleans names BP, rig owner Transocean and some other companies involved in the ill-fated drilling project, but not Halliburton – the project's cement contractor – or the maker of a key cutoff valve that failed. Both could be added later. BP said it would respond to the claims at a later date but noted that it stands "alone among the parties" in having already stepped up to pay for the cleanup. It said in a statement that it will continue to fulfill its commitments to the Gulf and to cooperate with ongoing investigations. "The filing is solely a statement of the government's allegations and does not in any manner constitute any finding of liability or any judicial finding that the allegations have merit," BP said. The lawsuit makes it possible for the federal government to seek billions of dollars in penalties for polluting the Gulf of Mexico, beaches and wetlands, and reimbursement for its cleanup costs. More than 300 lawsuits filed previously by individuals and businesses, and now consolidated in the New Orleans federal court, include claims for financial losses and compensation for the families of 11 workers killed in the blast.”
“In the News FOR IMMEDIATE RELEASE Lloyd's Register Americas Inc. acquires Martec Lloyd's Register Americas Inc. has concluded the acquisition of Martec, an engineering firm based in Halifax, Nova Scotia [in a Worshipful Company of Insurers insider trading deal, allegedly arranged by former Bain & Company associate of Mitt Romney, Laya Medawar] Martec specialises in developing advanced engineering simulation technology for the design and analysis of complex structures and systems - particularly ships, ports, harbours, and offshore facilities. A pioneer in its field, Martec has delivered practical solutions to difficult engineering problems for over thirty years. Martec's activities will be part of the Lloyd's Register Group's Marine Consultancy Services, co-ordinated by Claus Myllerup, Senior Vice President, Head of Lloyd's Register Technical Investigations & Analysis. Magnus Wollström, previously based with the Lloyd's Register Group in Sweden, has been appointed Managing Director of Martec.”
“Martec Limited has considerable expertise in modeling the response of vessels to underwater explosions. This expertise has been used to develop specialized models for both predicting pressure loading due to underwater explosions and the response of global ship models to these loads. Of particular concern in recent years are asymmetric threats, where a relatively low-tech high explosive is deployed against a high-value military asset such as the attack on the USS Cole in 2000 [or the Martec-Medawar incendiary bombs allegedly used to demolish WTC buildings on 9/11 and trigger phony pass through insurance claims by Bank of America and Wells Fargo]”
Given the FBI’s failure to respond to recent death threats, Presidential Field is asking for Secret Service protection while he investigates the Obama administration’s Department of Justice for its role in an apparent pass-through insurance fraud on BP linked to Lloyd’s Register’s alleged use of Martec-Medawar incendiary bombs on the Deepwater Horizon.
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