Monthly Archives: April 1996

Georgia Appeals Court Holds Contractor’s Delay Claim Barred by Exculpatory Clause and Failure to Provide Timely Notice

Holloway Constr. Co. v. Department of Transportation 218 Ga. App. 243, 461 S.E. 2d 257, 1995 Ga. App. LEXIS 693 (July 13, 1995). One of several multiple prime contractors was not entitled to sue owner for delays attributable to other … Continue reading

Posted in Breach of Contract, Delay, Liquidated Damage Provision | Tagged , ,

New York District Court Upholds Termination of Subcontractor for Davis-Bacon Act Violations; Subcontractor’s Claim for Quantum Meruit Reimbursement Rejected

United States ex rel. Tower Masonry, Inc. v. J. Kokolakis Contracting, Inc., 1995 U.S. Dist. LEXIS 13024, 90 Cont. Cas. Fed. [CCH] [[paragraph]] 76,843 (S.D.N.Y., Sept. 8, 1995). Prime contractor properly terminated subcontractor for non-compliance with Davis-Bacon Act requirements. Because … Continue reading

Posted in Breach of Contract, General Contractor, Subcontract | Tagged ,

Connecticut Court Holds Prime Contractor not Required to Utilize Subcontractor Listed in Its Bid, Where It was Unaware of Bid Exclusions Later Presented by Subcontractor

Harvey Robbin Co. v. Cristwood Contracting, Inc., 1995 Conn. Super. LEXIS 2633 (Conn. Super. Ct., Sept. 13, 1995). Statute requiring bidder for public contract to list subcontractors did not require bidder to utilize subcontractor where subcontractors bid exclusions were not … Continue reading

Posted in Breach of Contract, General Contractor, Subcontract | Tagged ,

Washington Appeals Court Holds Contract to Furnish and Install Dehumidification System for Pool Subject to the Uniform Commercial Code

Tacoma Athletic Club, Inc. v. Indoor Comfort Systems, Inc., 79 Wash. App. 250, 902 P.2d 175, 1995 Wash. App. LEXIS 406 (Sept. 14, 1995). In breach of warranty action brought by owner against contractor, contract to furnish and install a … Continue reading

Posted in Warranty | Tagged ,

Ohio Appeals Court Upholds Owner’s Refusal to Arbitrate

Cleveland Jet Center, Inc. v. Structural Sales Corp., 1995 Ohio App. LEXIS 4113 (Ohio Ct. App., Sept. 22, 1995). Utilization of AIA Document A111, Standard Form of Agreement Between Owner & Contractor, 1978 Edition, without express incorporation of AIA Document … Continue reading

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