Monthly Archives: June 2007

NY Court Disallows Recovery For Additional Work Performed Pursuant To Oral Modification Because Contract Required Written Change Orders

Charles T. Driscoll Masonry Reconstruction Co., Inc. v. County of Ulster 2007 N.Y. App. Div. LEXIS 6068 (N.Y. App. Div., May 17, 2007) The Appellate Division of the Supreme Court of New York held that a construction contract must be … Continue reading

Posted in Breach of Contract, Payment dispute, Termination | Tagged , , , ,

Tenth Circuit Holds Supplier Delay Does Not Excuse Contractor Delay Under Force Majeure Clause; Holds Liquidated Damages Provision Allows For Apportionment Of Damages Where Owner Responsible for Some Delays

Hutton Contacting Company, Inc. v. City of Coffeyville 2007 U.S. App. LEXIS 9914, (10th Cir., April 30, 2007) Contractor contracted to construct power and fiber-optic lines for the City. Upon completion of the project, the City refused to pay the … Continue reading

Posted in Delay, Liquidated Damage Provision, Payment dispute | Tagged , , , ,

NY District Court Enforces Liquidating Agreement Between Owner And Surety That Permitted Owner To Retain Recovery Obtained From Third Party To Satisfy Owner’s Claim For Damages Against Surety

Menorah Home and Hosp. for the Aged and Infirm v. Fireman’s Fund Ins. Co. 2007 U.S. Dist. LEXIS 27684 (E.D.N.Y., April 13, 2007) The District Court for the Eastern District of New York held that a liquidating agreement between an … Continue reading

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PA Court Rules Coverage For Defectively Manufactured Wheel Barred By “Business Risk” Exclusion of CGL Policy

Plasticert, Inc. v. Westfield Insurance Company 2007 Pa.Super 124, 2007 Pa.Super.LEXIS 820 (Pa.Super Ct., May 1, 2007) Plasticert manufactures thermoplastic wheels used in gravity flow product lines. A customer sued it because wheels that the customer purchased were breaking and … Continue reading

Posted in Commercial General Liability | Tagged , ,

Georgia Court Enforces Limitation of Damages Clause in Engineering Agreement

Lanier at McEver, L.P. v. Planners and Engineers Collaborative, Inc. 2007 GA App LEXIS 539 (Ga. Ct. App., May 16, 2007) In this case, the Court of Appeals of Georgia affirmed a decision limiting an owner/developer’s damages against the project … Continue reading

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