Monthly Archives: August 1996

Utah Supreme Court considers non-contractual liability of contractors for damages resulting from defective work.

Interwest Construction v. A.H. Palmer & Sons, 292 Utah Adv. Rep. 27, 1996 Utah LEXIS 44 (Utah June 14, 1996) The Supreme Court of Utah held that the intermediate court of appeals erred in holding that a tort action for … Continue reading

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

Eleventh Circuit reverses grant of summary judgment in favor of contractor on basis of releases executed by subcontractor.

Allgood Electric Co. v. Martin K. Eby Constr. Co., 85 F.3d 1547, 1996 U.S. App. LEXIS 15252 (11th Cir. June 25, 1996) Under Georgia law, subcontractor’s release of all claims against property on which project was located did not operate … Continue reading

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

District Court for District of Columbia declares liquidated damages clause unenforceable.

Kingston Constructors, Inc. v. Washington Metropolitan Area Transit Auhority, 1996 U.S. Dist. LEXIS 8427 (D.D.C. June 6, 1996) Corps of Engineers Board of Contract Appeals erred in reducing amount of contractual liquidated damages from $1000 to $500 per day; Board … Continue reading

Posted in Delay, Liquidated Damage Provision | Tagged , , ,

New York District Court confirms arbitration award; reference to American Arbitration Assoc. Rules renders award binding notwithstanding redaction of subcontract provision for binding award.

St. Lawrence Explosives v. Worthy Bros. Pipeline, 916 F.Supp. 187 (N.D.N.Y. 1996) The Petitioner, St Lawrence, requested confirmation and judgment to be entered upon an arbitration award in favor of St Lawrence and against the Respondent, Worthy Brothers. St Lawrence … Continue reading

Posted in Arbitration, Subcontract | Tagged , ,

Ohio Court of Appeals reverses summary judgment; question of material fact existed as to whether Owner could enforce no-damage-for delay clause against Contractor.

Cleveland Constr., Inc. v. Reynoldsburg City Schools, 1996 Ohio App. LEXIS 2751 (June 28, 1996) No-damage-for-delay clause in contract is not enforceable if the extent and magnitude of the delay was unforeseeable at the time the contract was executed and, … Continue reading

Posted in Delay, Owner | Tagged , , ,