Monthly Archives: February 2006

Liquidated Damages Clause Bars Separate Recovery for Lost Power Sales Even Though Loss is Many Times Greater Than Liquidated Damage Amount – Correction Damages, However, Are Separately Recoverable

El Dorado Irrigation Dist. v. Traylor Bros., Inc. No. 03-949, 2006 U.S. Dist. LEXIS 1354 (E.D. Cal. Jan. 4, 2006) In El Dorado Irrigation Dist. v. Traylor Bros., Inc., No. 03-949, 2006 U.S. Dist. LEXIS 1354 (E.D. Cal. Jan. 4, … Continue reading

Posted in Liquidated Damage Provision | Tagged , ,

Contractor’s Continued Acceptance of Subcontractor’s Performance Waives Right To Terminate

Ed Kimber Heating & Cooling, Inc. v. Travelers Casualty & Surety Co. No. 3:03cv2111 (SRU), 2006 U.S. Dist. LEXIS 3323 (D. Conn. Jan. 26, 2006) Trataros Construction, Inc. (“Trataros”), the general contractor on a school addition and renovation project, subcontracted … Continue reading

Posted in Breach of Contract, General Contractor, Payment bond, Payment dispute, Performance Bond, Subcontract, Termination | Tagged , , , , , , , ,

Statute Of Limitations Not Tolled by Discovery Rule under AIA Article 9.3

Gustine Uniontown Assocs., LTD v. Anthony Crane Rental, Inc. 2006 PA Super 12 (Pa. Super. Ct. 2006) In conjunction with its construction of a shopping mall over a non-functioning coal mine, project owner Gustine entered into a standard American Institute … Continue reading

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

Engineer’s Decision Did Not Constitute an Arbitration Award

City of Ferndale v. Florence Cement Co 2006 Mich. App. LEXIS 129, No. 254572 (January 17, 2006) In City of Ferndale v. Florence Cement Co. and Hartford Casualty Insurance Co., 2006 Mich. App. LEXIS 129, No. 254572 (January 17, 2006), … Continue reading

Posted in Arbitration, Breach of Contract, Owner, Statute of Limitations | Tagged , , , ,

Contemporaneous Expression of Intent to Seek Additional Compensation Saves Pass-Through Claim from Bar of Severin Doctrine Despite Accord and Satisfaction Language in Change Orders

Appeal of M.A. Mortenson Company No. 53761, 2006 ASBCA LEXIS 4 (ASBCA Jan. 26, 2006) Appeal of M.A. Mortenson Company, No. 53761, 2006 ASBCA LEXIS 4 (ASBCA Jan. 26, 2006) held that the Severin doctrine did not prevent the prime … Continue reading

Posted in Payment dispute, Subcontract | Tagged , ,