Monthly Archives: September 2007

Federal District Court in Illinois Holds “All Risk” Insurer’s Claim Against Contractor For Breach Of Contract And Negligence Defeated By A Waiver Of Subrogation With Respect To “[Insurance] Carried Or Required To Be Carried Pursuant To This Agreement” – Rejects Insurer’s Interpretation As To Scope Of Waiver As Too Restrictive – Indemnity Claim Survives

Federated Dep’t Stores, Inc. v. M.J. Clark, Inc. 2007 U.S. Dist. LEXIS 51826 (N.D. Ill. July 17, 2007) After a flood caused by a leak in the sprinkler system during remodeling at a Bloomingdale’s store in Chicago damaged the first … Continue reading

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

Federal Circuit Court of Appeals Reverses ASBCA Holding That ROICC Was Authorized to Commit Government To Compensable Contract Changes

Donald C. Winter v. CATH-DR/BALTI JOINT VENTURE 2007 U.S. App. Lexis 19565 (Fed. Cir., August 17, 2007) The United States Court of Appeals for the Federal Circuit (“CAFC”) affirmed in part, reversed in part, and vacated and remanded in part … Continue reading

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Fourth Circuit Court of Appeals Holds Owner’s Negligence Cause of Action Against Subcontractor Barred by the Economic Loss Rule

Dur v. Western Branch Diesel, Inc. 2007 U.S. App. LEXIS 16237 (4th Cir. July 9, 2007) Following the precedent of the Supreme Court of Virginia in Sensenbreunner v. Rust. Orling & Neale, Architects, Inc., 374 S.E.2d 55 (Va. 1988), the … Continue reading

Posted in General Contractor, Negligence, Owner, Subcontract | Tagged , , , , ,

Massachusetts Court Holds Architect May Be Liable to Worker for Injuries Resulting From Defects in Contractor’s Work Where Architect Is Contractually Obligated to Inspect Work for Conformity With Plans and Specifications

Mellon v. Shriners Hospitals for Children 2007 Mass. Super. LEXIS 188 (Mass. Super. Ct. June 26, 2007) The Superior Court of Massachusetts recently considered whether an architect of record on a construction project owed a duty to a third party … Continue reading

Posted in Negligence | Tagged ,

Federal District Court In Tennessee Holds Prime Contractor Has No Duty To Subcontractor To Verify Bid Pricing

Mactec, Inc. v. Bechtel Jacobs Co., LLC and Demco, Inc. v. Mactec, Inc 2007 U.S. Dist. LEXIS 60377 (E.D. Tenn. August 16, 2007) The United States District Court for the Eastern District of Tennessee held that a private contractor had … Continue reading

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