Monthly Archives: May 1996

Supreme Court of Ohio Rules That Award of Lucrative Right to be Sole Provider of Solid Waste Management Services Not Subject to Competitive Bidding Law

Danis Clarkco Landfill Co. v. Clark County Solid Waste Mgmt. Dist., 653 N.E.2d 646, 73 Ohio St.3d 590, 1995 Ohio LEXIS 1869 (Ohio, September 6, 1995). County solid waste management district was not subject to provisions of public bidding law … Continue reading

Posted in Design/Build | Tagged , ,

Second Circuit Holds That Pay-When-Paid Clause Violates Public Policy Expressed in New York Lien Law

West-Fair Elec. Contractors v. Aetna Casualty & Surety Co., 78 F.3d 61, 1996 U.S. App. LEXIS 3912 (2d Cir. March 6, 1996). Neither general contractor nor surety could assert pay-when-paid clause as defense to payment claim by subcontractor because clause, … Continue reading

Posted in General Contractor, Payment bond, Payment dispute, Subcontract | Tagged

Material Supplier Recovers on Payment Bond Despite Receiving Assignment from General Contractor

H. Verby Co., Inc. v. United States Fire Ins. Co., 1996 E.S. Dist. LEXIS 3056 (March 13, 1996) (U.S.D.C., S.D.N.Y.). A material supplier was entitled to recover on the general contractor’s payment bond even though it had received an assignment … Continue reading

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Georgia Court of Appeals Rules That a “Building” is not a “Product” Under CGL Insurance Policy

Stratton & Co., Inc. v. Argonaut Ins. Co., 1996 Ga. App. LEXIS 303 (Ga. Ct. App., March 14, 1996). Provision in the standard form of comprehensive general liability insurance policy which excludes coverage for “property damage to the named insured’s … Continue reading

Posted in Commercial General Liability, Owner | Tagged

The North Carolina Court of Appeals Upholds Multi-million Dollar Verdict Allowing Subcontractor to Recover Sub-subcontractor’s Losses

Metric Constructors, Inc. v. Hawker Siddeley Power Engineering, Inc. and Panda Rosemary Corp., 468 S.E. 2d 435 (N.C. Ct. App. 1996). Defendant Hawker Siddeley Power Engineering, Inc. (HSPE) was the Design/Build contractor on a co-generation power plant in Roanoke Rapids, … Continue reading

Posted in Design/Build, Subcontract | Tagged , ,