Monthly Archives: August 2001

Utah Court Assesses Impact Of “Anti-Assignment” Clause On Claims Against Design Professional Assigned By Owner In Settlement With Contractor

SME Indus., Inc. v. Thompson, Ventulett, Stainback & Assocs., Inc. C.A. No. 990869, 2001 Utah LEXIS 90 (June 26, 2001) In SME Indus., Inc. v. Thompson, Ventulett, Stainback & Assocs., Inc., the Supreme Court of Utah addressed the ability to … Continue reading

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

New York District Court Strictly Interprets Contractual Indemnification Provision and Insurance Requirements

Wausau Business Insurance Company v. Turner Construction Company No. 99 Civ. 0682 (RWS), 2001 U.S. Dist. LEXIS 5821(SDNY May 9, 2001) Turner Construction Company (“Construction Manager”) entered into a written agreement with Central Synagogue (the “Owner”) to provide construction management … Continue reading

Posted in Negligence | Tagged ,

New York District Court Holds That Suit Must Be Stayed Pending Submission Of Claim To Dispute Resolution Board

BAE Automated Sys., Inc. v. Morse Diesel Int’l, Inc. 01 Civ. 0217 (SAS), 2001 U.S. Dist. Lexis 6682 (S.D.N.Y. May 22, 2001) The United States District Court for the Southern District of New York granted an order staying all proceedings … Continue reading

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

Washington Court Holds Subcontractor Has No Right Of Action Under Subcontractor Listing Statute

McCandlish Electric, Inc. v. Will Construction Co. No. 18935-0-III, 2001 Wash. App. LEXIS 1364 (June 28, 2001) Will Construction Co. (“Will”) was awarded a contract from the City of Leavenworth for renovations to a wastewater treatment plant. In its successful … Continue reading

Posted in Subcontract | Tagged , ,

South Carolina Court Holds Architect Can Be Liable To Subcontractors For Certifying Payments To Prime Contractor If It Knows That Subcontractors Are Not Being Paid

Cullum Mechanical Construction, Inc. v. South Carolina Baptist Hospital Case Volume, Reporter: 344 S.C. 426, 544 S.E.2d 838 (2001) Jenkins, Hancock & Sides Architects & Planners, Inc. (the “Architect”) entered into a design contract for the renovation of a medical … Continue reading

Posted in Payment bond, Subcontract | Tagged , , ,