Monthly Archives: November 1999

United States Court of Appeals for the Fourth Circuit enforces provision of A.I.A. Form Agreement that defeats the discovery rule concerning when a claim accrues for purposes of statute of limitations; holding that the provision does not violate either Maryland or Nebraska law.

Harbor Court Assoc. v. Leo A. Daly Co., 179 F.3d 147 (4th Cir. 1999) The plaintiffs, Harbor Court Associates and Murdock Development Company (“HCA/Murdock”) were the developers of Harbor Court Complex, located in the Inner Harbor area of Baltimore, Maryland. … Continue reading

Posted in Breach of Contract, Negligence, Statute of Limitations | Tagged , , ,

The Appellate Division of the Supreme Court of New York holds that seller of a building may seek indemnification from a mechanical engineer whose negligent design caused seller to have to pay the new owner for costs arising out of the design flaws. The Court also holds that the economic loss doctrine did not bar a claim for professional malpractice.

17 Vista Fee Assocs. v. Teachers Ins. and Annuity Assoc. of America, 1999 N.Y. App. Div. LEXIS 7981 (July 15, 1999) The plaintiffs/third-party plaintiffs 17 Vista Fee Associates and 17 Vista Associates (“17 Vista”) entered into a sale agreement with … Continue reading

Posted in Indemnity Provision | Tagged , ,

The Supreme Court of California holds that an obligee may not recover in tort for a surety’s breach of covenant of good faith and fair dealing implied in a performance bond.

Cates Constr., Inc. v. Talbot Partners et al., 1999 Cal. LEXIS 4847 (Co. July 29, 1999) In 1989, defendant Talbot Partners (“Talbot”) hired plaintiff Cates Construction, Inc. (“Cates”) to build a condominium project in Malibu, California. The construction contract required … Continue reading

Posted in Breach of Contract, Performance Bond | Tagged , , ,