Monthly Archives: February 2008

U.S. Fourth Circuit Court of Appeals Interprets Modified Version of AIA A201 to Require Agreement By Parties to Mediate as Condition Precedent to Arbitration

Perdue Farms, Inc. v. Design Build Contracting Corp. 2008 U.S. App. LEXIS 2861 (4th Cir. Feb. 8, 2008) The Fourth Circuit held that where a condition precedent to arbitration, in this case voluntary mediation, was not fulfilled, a party to … Continue reading

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

U.S. District Court in New York Holds Economic Loss Rule Does Not Bar Recovery in Cases Involving Violation of Professional Duty

Crown Castle USA, Inc., et al. v. Fred A. Nudd Corporation 2008 U.S. Dist. LEXIS 3416 (W.D. N.Y. Jan. 16, 2008) The United States District Court for the Western District of New York held that the “economic loss doctrine” did … Continue reading

Posted in Negligence | Tagged , , ,

U.S. District Court in New York Holds That Completing Surety Could Assert Claims Against Other Project Participants Responsible For Costs of Remediation Work Which Had to Be Addressed to Complete Its Principal’s Work

Liberty Mutual Insurance Company v. N. Picco & Sons Contracting Co., Inc. 2008 U.S. Dist. LEXIS 4915 (S.D.N.Y. Jan. 16, 2008) The United States District Court for the Southern District of New York (“SDNY”) recently had to decide whether a … Continue reading

Posted in Arbitration, Breach of Contract, Negligence, Payment dispute | Tagged , , , , ,

U.S. District Court in Maryland Holds Contractor Barred from Recovering Consequential and Incidental Damages for Breach of Contract from Manufacturer of Steel Formwork Where Exclusive Remedy of Repair and Replacement Did Not Fail of Its Essential Purpose, But Denies Summary Judgment as to Some Negligence and Indemnity Claims

Potomac Constructors, LLC v. EFCO Corp. 2008 U.S. Dist. LEXIS 1602 (D. Md, Jan. 9, 2008) Plaintiff general contractor and Defendant manufacturer entered into a purchase order agreement under which Defendant would engineer and supply steel formwork used to cast … Continue reading

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

Minnestota Court Holds City’s Damages Limited to Amount of Bid Bond on Withdrawal of Bid

City of Lonsdale v. NewMech Companies, Inc. 2008 Minn. App. Unpub. LEXIS 31 (Minn. App. 2008) The City of Lonsdale solicited sealed bids for construction of a wastewater-treatment plant. According to the terms of the bid form, each bidder submitting … Continue reading

Posted in Payment bond, Subcontract | Tagged , , ,