Monthly Archives: June 2005

Pennsylvania Supreme Court Holds “Pass-Through” Clause Ineffective to Impose Indemnity Obligation on Subcontractor

Bernotas v. Super Fresh Food Markets, Inc. 863 A.2d 478, 2004 Pa. LEXIS 3238 (Dec. 22, 2004) Barbara Bernotas sustained serious injuries when she fell into a hole at a construction area inside a Super Fresh store. Bernotas sued Super … Continue reading

Posted in Negligence, Subcontract | Tagged , , ,

Contract Clause Providing Unilateral Reservation of Right to Litigate Claims is Enforceable

Montgomery v. Decision One Financial Network 2005 U.S. Dist. LEXIS 3031 (E.D. Pa. Mar. 1, 2005) A borrower brought an action against her lender in connection with the lender’s institution of foreclosure proceedings. The lender moved to dismiss the complaint … Continue reading

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Pennsylvania Supreme Court Holds That a Contractor May Sue an Architect for Economic Losses Caused By Defective Design, Notwithstanding Lack of Contractual Relationship Between the Architect and Contractor

Bilt-Rite Contractors, Inc. v. The Architectural Studio 2005 Pa. LEXIS 99 (Pa. January 19, 2005) The East Penn School District entered into a contract with The Architectural Studio (“TAS”), pursuant to which TAS agreed to prepare plans, drawings and specifications … Continue reading

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