Monthly Archives: May 2007

Prime Contractor Wins Summary Judgment Upholding Right to Terminate Subcontractor For Failure To Provide Submittals And Sufficient Work Force

Quality Trust Inc. v. Cajun Contractors, Inc. 2007 U.S. Dist. Lexis 25431 (D. Kan. 2007) The District Court granted the prime contractor summary judgment on its right to terminate a subcontractor for failure to provide submittals and sufficient work force, … Continue reading

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

Contractor’s Insistence That Subcontractor Execute Release Not Required By Subcontract As Condition To Final Payment Permits Imposition Of Penalty Interest Under Pennsylvania Contractors And Subcontractors Payment Act

Scandale Associated Builders & Engineers, Ltd. v. Bell Justice Facilities Corp. No. 4:03-CV-1773, 2007 U.S. Dist. LEXIS 25112 (M.D. Pa. April 4, 2007) In January 2001, Scandale Associated Builders & Engineers, Ltd. (“Scandale”) entered into a subcontract (“Subcontract”) with Bell … Continue reading

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Pennsylvania Court Holds Waiver Of Subrogation Provision Contained In AIA General Conditions Bars Insurer’s Claim Even Though It Did Not Consent To Or Have Notice Of The Waiver

Universal Underwriters Insurance Co. v. A. Richard Kacin, Inc. 916 A.2d 686 (Pa. Super. Ct. 2007) The Superior Court of Pennsylvania held that the American Institute of Architects’ (“AIA”) form waiver of subrogation clause barred a subrogation claim even where … Continue reading

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Contractor’s Negligent Supervision Claims Against Construction Manager Require Privity, But Negligent Representation Claims Do Not

Dynalectric Co. v. Whittenberg Constr. Co. 2007 U.S. Dist. LEXIS 27025 (W.D. Ky. Apr. 10, 2007) Defendant project-owner Luther F. Carson Four Rivers Center, Inc. contracted with Whittenberg Construction Company to serve as general contractor in the construction of a … Continue reading

Posted in General Contractor, Negligence, Statute of Limitations | Tagged , , ,

Pennsylvania Department Of General Services’ Conduct In Withholding Memorandum Disclosing Unsuitable Soil Conditions From Bidders Was Vexatious, Entitling Contractor To Recover Penalty Interest And Attorney Fees Under Prompt Payment Act

DGS v. Pittsburgh Building Co. 2007 Pa. Commw. LEXIS 160 (Pa. Commw. Ct. April 5, 2007) The Pennsylvania Commonwealth Court held that a contractor was entitled to recover penalty interest and attorney fees under the Pennsylvania Prompt Payment Act from … Continue reading

Posted in Arbitration, Payment dispute, Prompt Payment Act | Tagged , , ,