Monthly Archives: June 1996

Missouri Court of Appeals Reverses Trial Court Decision That Subcontractor Could Claim Damages From a General Contractor Despite a “No Damages for Delay” Provision in the Subcontract Agreement

Roy A. Elam Masonry, Inc. v. Fru-Con Construction Corporation, 1996 Mo. App. LEXIS 481 (March 26, 1996). On November 14, 1988, the general contractor, Fru-Con Construction Corp. (Fru-Con) entered into a construction contract with Southwestern Redevelopment Corp (SRC), the owner. … Continue reading

Posted in General Contractor | Tagged

Court of Appeals for Federal Circuit Holds That Government Did Not Waive Right to Terminate for Default Notwithstanding Contractor’s Continued Performance After Contract Completion Date, Where Contractor Continued to Delay Not Despite Numerous Efforts by Government to Spur Completion

State of Florida, Department of Insurance v. The United States, 81 F.3d 1093 (U.S. App. 1996) LEXIS (Fed. Cir. 1996). The construction contract at issue in this case resulted in a default termination of the contractor and the contractor’s surety. … Continue reading

Posted in Breach of Contract, General Contractor | Tagged ,

Commonwealth Court of Pennsylvania Holds Owner’s Professional Malpractice Claim Against Design Professional Outside Scope of Arbitration Agreement Covering Claims Arising Out of Agreement

Hazleton Area School District v. Bosak, 671 A.2d 277 (Pa. Cmwlth. 1996). In this case, neither of the arbitration provisions provided in the 1988 and 1989 agreements specifically stated that an action in tort for negligence should be arbitrated. The … Continue reading

Posted in Arbitration, Breach of Contract, Design/Build | Tagged

Federal Circuit Court of Appeals Holds Public Contractor Entitled to Eichleay Overhead Damages for Government-induced Delay of Public Contract Notwithstanding That Its Forces Were Not Totally Idle During Delay

J.P. Altmayer v. R.W. Johnson, 79 F.3d 1129 (Fed. Cir. 1996). GSA had planned to order the carpet and trim for the office by August 1992 but did not do so despite repeated requests from Altmayer who tried to impress … Continue reading

Posted in Delay, General Contractor | Tagged , ,

New York Court Holds General Contractor Who Delays Acceptance or Seeks to Negotiate Better Deal May Not Recover From a Subcontractor Who Fails to Perform Work On a Project for Which it Had Submitted a Bid

Lahr Construction Corp. (doing business as LeCesse Construction Co.) v. J. Kozel & Son, Inc., 640 N.Y.S.2d 957 (Misc 1996). This is an action brought by a general contractor against a subcontractor for damages where the subcontractor moved for summary … Continue reading

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