Monthly Archives: October 1995

District Court in South Carolina Holds Subcontractor for Underground Utility Work Not Entitled to Statutory Lien Applicable to Erection, Alteration or Repairs of Buildings; IRS Takes Priority

Bell South Communications, Inc. dba Southern Bell Telephone and Telegraph Co. v. Dekalb Concrete Pro 1995 U.S. Dist. LEXIS 11443 (D.S.C. July 27, 1995) BellSouth Telecommunications, Inc. (“Southern Bell”) initiated interpleader proceedings to determine which one of three Defendants held … Continue reading

Posted in Subcontract | Tagged , ,

District Court in Michigan Holds that Manufacturer of Water Treatment Equipment May Have Action Upon Implied Contract Against Owner’s Engineer for Costs of Redesign and Modification of Equipment to Make Treatment System Work

M.A. Mortenson Co. v. City of Grand Rapids, 1995 U.S. Dist. LEXIS 11626 (W.D. Mich. July 27, 1995) For the construction of a water filtration system, the City of Grand Rapids (“Grand Rapids”), as the owner of the project, contracted … Continue reading

Posted in Breach of Contract, Negligence, Subcontract | Tagged ,

Wisconsin Court of Appeals Holds that Filing of Mechanics Lien Claim Without Adequate Investigation as to Timeliness Can Subject Attorneys to Liability for Slander of Title

Tym v. Ludwig, 1995 Wisc. App. LEXIS 974 (Wisc. Ct. App. Aug. 9, 1995) Slander of Title – Lawyer who filed a mechanics’ lien against a homeowner’s property on behalf of contractor that constructed the home was not entitled to … Continue reading

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District Court in Illinois Holds that Warranties of AIA Doc. A201/CM Incorporated in Owner/Contractor Agreement Written on AIA Doc. A101/CM Even Though Agreement Did Not Expressly Incorporate A201/CM

Resurgence Properties., Inc. v. W.E. O’Neil Construction Co., et. al., 1995 U.S. Dist. LEXIS 11633 (E.D. Ill. August 11, 1995) Incorporation by Reference – AIA standard form of agreement between owner and contractor, AIA Document A101/CM, incorporated general conditions, AIA … Continue reading

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Ohio Supreme Court Holds Contractor Entitled to Prejudgment Interest on Damages for Delay and Disruption; Liquidated/Unliquidated Damages Dichotomy Rejected

Royal Electric Construction Corp. v. Ohio State University, 73 Ohio St. 3d 110, 652 N.W.2d. 687, 1995 Ohio LEXIS 18905 (Ohio Sup. Ct. Aug. 15, 1995) Prejudgment Interest – Contractor that succeeded on delay and disruption claim was entitled to … Continue reading

Posted in Liquidated Damage Provision, Payment dispute | Tagged