Monthly Archives: July 2007

Florida Court Holds that Arbitrator, Rather Than Court, Should Determine Validity of Contract

Charles Boyd Construction Inc. v. Vacation Beach, Inc. No. 5D06-2168, 2007 Fla. App. LEXIS 9597 (Fla. Dist. Ct. App., June 22, 2007) Following the precedent of the United States Supreme Court in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. … Continue reading

Posted in Arbitration, Owner | Tagged , , ,

Minnesota Court Rules Architect-Client Relationship Is Not Per Se Fiduciary

Carlson v. SALA Architects, Inc. 2007 Minn. App. LEXIS 74 The of Minnesota Court of Appeals reversed entry of summary judgment in favor of a purchaser of architectural services, holding, among other things, that the relationship between an architect and … Continue reading

Posted in Negligence, Termination | Tagged , , ,

Vermont Court Reverses Award Of Consequential Damages To Owner In Construction Defect Case

EBWS, LLC v. Britly Corporation 2007 VT 37; 2007 Vt. LEXIS 69 (Vt. May 25, 2007) The Vermont Supreme Court held that the cost of an owner’s anticipated voluntary payments of employee wages and for product purchases during the temporary … Continue reading

Posted in Breach of Contract, Negligence, Owner | Tagged , , , ,

NJ Court Holds Condominium Association Has Standing to Sue Contractors and Subcontractors for Consumer Fraud and Common Law Fraud

Port Liberte Homeowners Association, Inc. v. Sordoni Construction Co. 2007 N.J. Super LEXIS 168, Docket No. A-2138-04T1 (App. Div. June 4, 2007) The New Jersey Appellate Division was asked to consider whether a condominium and a homeowners association, not in … Continue reading

Posted in Subcontract | Tagged , ,

Texas Court Holds Oral Change Order Agreement Unenforceable For Want Of Consideration

S.M. Wilson & Company v. Urban Concrete Contractors 2007 Tex. App. LEXIS 3747, No. 04-06-00227-CV (Tex. Ct. App., May 16, 2007) A Texas Court of Appeals held that an oral change order agreement to pay for work which was, in … Continue reading

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