Monthly Archives: March 2006

Subcontractor Can Recover Damages From Payment Bond Surety As Result Of Delay, But Only Actual Costs Of Labor And Materials

Lexicon, Inc. v. Safeco Insurance Co. of America No. 04-6086, 2006 U.S. App. LEXIS 3113 (6th Cir. Feb. 9, 2006) Icon, Inc. served as a subcontractor on a steel plant expansion project in Kentucky. Pursuant to its subcontract, Icon secured … Continue reading

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Owner’s Failure To Preserve Evidence Justified Dismissal Of Claims For Defect As Sanction For Spoliation Of Evidence

Harborview Office Ctr., LLC v. Camosy Inc. 2006 Wisc. App. LEXIS 149 (Wis. Ct. App. Feb. 15, 2006) Project owner Harborview entered into a contract for the construction of a three-story office building. After discovering significant water infiltration problems, Harborview … Continue reading

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Construction Manager Sued For Failure To Ensure Quality Of Contractor’s Work Could Not Sue Contractor’s Surety For Indemnity Or Contribution

Carolina Casualty Insurance Company, et al. v. R.L. Brown & Associates, Inc., et al. No. 1:04-CV-3537-GET, 2006 U.S. Dist. LEXIS 5261 (N.D. Ga. January 25, 2006) In Carolina Casualty Insurance Company, et al. v. R.L. Brown & Associates, Inc., et … Continue reading

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Terms Of Subcontract Containing A “Pay-If-Paid” Clause Enforceable Under Both Texas And New Mexico Law

MidAmerica Construction Management, Inc. v. MasTec North America, Inc., et al. 2006 U.S. App. Lexis 3022 (10th Cir. 2006) In MidAmerica Construction Management, Inc. v. MasTec North America, Inc., et al., 2006 U.S. App. Lexis 3022 (10th Cir. 2006), the … Continue reading

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Contractor Could Not Maintain Suit Against Construction Manager For Negligence

Matrix Construction, LLC v. Barton Malow and Schoolcraft College 2006 Mich. App. LEXIS 429, No. 265156 (February 21, 2006) In Matrix Construction, LLC v. Barton Malow and Schoolcraft College, 2006 Mich. App. LEXIS 429, No. 265156 (February 21, 2006), the … Continue reading

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