About Constructlaw.comConstructlaw® is an update and discussion of recent trends in construction law and construction litigation. It is edited by Robert A. Gallagher, partner in Pepper Hamilton LLP's Construction Practice Group. Additional contributors are listed on the Contributors page. For more information about Pepper's Construction Practice Group, click here.
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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
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
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
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
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