Monthly Archives: January 2008

US District Court in New Jersey Holds Waiver of Subrogation in AIA General Conditions Applies to Post-Construction Policies and Losses

Argonaut Great Cent. Ins. Co. v. DiTocco Konstruction, Inc. 2007 U.S. Dist. LEXIS 93846 (D.N.J. Dec. 21, 2007) After a fire destroyed a T.G.I. Friday’s restaurant and all of its equipment, the meaning of the subrogation continuation clause contained in … Continue reading

Posted in Design/Build, Negligence | Tagged , ,

Pennsylvania Superior Court Holds That Under AIA Contract Requiring Owner to Purchase Builders Risk Insurance, Contractor Not Liable for Fire Damage Caused By Subcontractor’s Negligence Despite Owner’s Failure to Purchase the Insurance

Jalapenos, LLC v. GRC General Contractor, Inc., 2007 PA Super 391, 2007 Pa. Super. LEXIS 4411 (Dec. 19, 2007) Jalapenos, LLC, hired GRC General Contractor, Inc. to remodel a restaurant. The parties signed standard American Institute of Architects contracts (AIA … Continue reading

Posted in Breach of Contract, Commercial General Liability, Indemnity Provision, Negligence | Tagged , , , , ,

US Sixth Circuit Court of Appeals Rules That Change Order Settling All Claims for Changes Did Not Bar Claim for Acceleration Costs

Steel Services Corp. v. Board of County Commissioners 2007 U.S. App. Lexis 30052 (6th Cir. Dec. 27, 2007) The Cincinnati Reds were building a new baseball stadium. Hamilton County (“County”) awarded Contractor, Steel Service Corp. (“Contractor”), a $33 million dollar … Continue reading

Posted in Payment dispute | Tagged , ,

US District Court in New York Dismisses Contractor’s Performance Bond Claim Against Subcontractor’s Surety Because of Contractor’s Failure to Provide Pre -Default Notification

U.S. ex rel. Platinum Mechanical, LLC v. U.S. Surety. Co. 07 Cv. 3318(CLB), 2007 U.S.Dist. LEXIS 94026( S.D.N.Y. Dec. 21, 2007) CFP Group, Inc. was awarded a contract with the United States Government to refurbish facilities at Stewart Air National … Continue reading

Posted in Breach of Contract | Tagged , ,

Texas Court of Appeals Considers Effect of Consequential Damages Bar on Recovery of Damages for Delay By Owner

Tennessee Gas Pipeline Co. v. Technip USA Corp. 2007 Tex. App. LEXIS 9951, No. 01-06-00535-CV (Tex. App. Dec. 21, 2007) The Court of Appeals of Texas for the First District was asked to review a trial court’s limitation of a … Continue reading

Posted in Breach of Contract, Liquidated Damage Provision | Tagged ,