Monthly Archives: December 2007

Massachusetts Court Holds Surety Not Responsible For Punitive Damages Assessed Against Its Principal

C&I Steel, LLC v. Travelers Casualty & Surety Co. 70 Mass. App. Ct. 653, 2007 Mass. App. LEXIS (App. Ct. Nov. 6, 2007) The town of Westford awarded Peabody Construction Company, Inc. (“Peabody”) a contract for construction of a middle … Continue reading

Posted in Arbitration, Payment bond, Subcontract | Tagged , , , ,

US Court of Appeals for Third Circuit Holds “Subcontractor” Status Under Miller Act Turns on Substantiality and Importance of Relationship With Prime Contractor

United States ex rel E & H Steel Corp. v. C. Pyramid Enterprises, Inc Civil Action No. 06-4209, 2007 U.S. App. LEXIS 27347 (3d Cir. Nov. 27, 2007) The Court of Appeals for the Third Circuit reviewed a decision of … Continue reading

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Colorado Appeals Court Holds that AIA Contract Waiver of Subrogation Extends to “Non-Work” as Well as “Work”

Copper Mountain, Inc. v. Industrial Systems, Inc. 2007 Colo. App. LEXIS 2298 (Colo. App. Ct. Nov. 29, 2007) Copper Mountain, Inc. hired Amako Resort Construction, Inc. as the general contractor to renovate and expand a mountain resort lodge. Amako subcontracted … Continue reading

Posted in General Contractor, Liquidated Damage Provision, Subcontract | Tagged , , ,

Pennsylvania Superior Court Holds Gas Utility Company Not Subject to Negligent Misrepresentation Claim for Improperly Marking Underground Lines Under “One Call” Act

Excavation Technologies, Inc. v. Columbia Gas Co. 2007 PA Super 327; 2007 Pa. Super LEXIS 3845 ( Super. Ct., Nov. 7, 2007) The Pennsylvania Superior Court held that a public utility asked under the Pennsylvania “One-Call” Act to mark the … Continue reading

Posted in Breach of Contract, Negligence | Tagged , ,

Pennsylvania Superior Court Affirms Award to Subcontractor of Penalty Interest and Attorneys Fees Under the Pennsylvania Prompt Payment Act

Imperial Excavating & Paving, LLC v. Rizzetto Construction Management, Inc. 2007 PA Super 318, 2007 Pa. Super LEXIS 3540 (Pa. Super. Ct.. Oct. 23, 2007) General contractor Rizzetto entered into a contract to perform extensive work for the Southern Lehigh … Continue reading

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