Monthly Archives: March 2001

Federal Circuit Court of Appeals Denies Contractor Recovery on Claim For “Differing Site Conditions” Because Information Available for Inspection but Not Incorporated in the Contract Documents Revealed Conditions Which Were Encountered

Randa/Madison Joint Venture III v. Dahlberg, 239 F.3d 1264, 2000 U.S. App. LEXIS 1736 (U.S. Fed. Cir., Feb. 7, 2001) Randa/Madison Joint Venture III (“Contractor”) entered into a construction contract with the United States Army Corp of Engineers (“Government”) to … Continue reading

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New York Court Holds That Parent of Dissolved Subcontractor May Not Sue Prime Contractor or Surety Absent Formal Merger or Prime Contractor’s Assent to Substitution

A. Servidone, Inc. v. Bridge Technologies, LLC, 2001 N.Y. App. Div. LEXIS 1407 (N.Y. App. Div. Feb. 8, 2001) Servidone contracted with the State Department of Transportation to build three bridges. Pursuant to that contract, Servidone subcontracted with Bridge Technologies, … Continue reading

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West Virginia Supreme Court Allows Contractor to Sue Engineer for Negligence and Breach of Warranty, but Not as Third-party Beneficiary

Eastern Steel Constructors, Inc. v. City of Salem, No. 28202, 2001 W. Va. LEXIS 3 (W. Va. Feb. 9, 2001) The City of Salem, West Virginia, entered into a contract with Kanakanui Associates pursuant to which Kanakanui was to provide … Continue reading

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New York District Court Holds Partial Lien Waivers May Be Avoided on Grounds of Duress

Worth Constr. Co. v. I.T.R.I. Masonry Corp., 2001 U.S. Dist. LEXIS 2144 (S.D.N.Y. Feb. 21, 2001) Worth Construction entered into a masonry subcontract with ITRI Masonry for a correctional facility in New York. Due to cash flow concerns, ITRI requested … Continue reading

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New York District Court Upholds Termination of Vendor on Grounds of Insufficiency of Offer of Cure

Sinco, Inc. v. Metro-North Commuter Railroad Co., 99 Civ. 10631 (AKH), 2001 U.S. Dist. Lexis 1986 (S.D.N.Y. March 1, 2001) The district court considered whether a tender so defective as to undermine the buyer’s confidence in seller’s ability to cure … Continue reading

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