Monthly Archives: March 2008

U.S. District Court in New York Draws Distinction Between Damages Recoverable for Defective Work in Tort and for Breach of Contract – Where Tort Claim Barred By Statute of Limitations, Owner Could Not Recover for Cost of Replacement of Structure Destroyed By Fire Allegedly Resulting From Defective Work of Renovation Contractor

Regent Ins. Co. v. Storm King Contr., Inc. 2008 U.S. Dist. LEXIS 16513 (S.D.N.Y. Feb. 26, 2008) In June 1999, the owner of The Emerson Inn hired Storm King to act as its general contractor in the remodeling and rebuilding … Continue reading

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Colorado Court of Appeals Holds Differing Site Condition, Mutual Mistake and Negligent Misrepresentation Claims Viable

URS Group, Inc. v. Tetra Tech FW, Inc. and Foster Wheeler Environmental Corporation 2008 Colo. App. LEXIS 159 (February 7, 2008) The Court of Appeal of Colorado held that the plaintiff subcontractor did not assume the risk of differing site … Continue reading

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U.S. District Court in Vermont Holds That Material Breach of Contract Required to Constitute Default Under Performance Bond So As to Trigger Surety Obligation and Commence Running of Statute of Limitations – Nonmaterial Breaches Preceding Abandonment Did Not Commence Running of Statute, So That Case Was Not Time Barred

John A. Russell Corp. v. Fine Line Drywall, Inc. and Acstar Insurance Co. 2008 U.S. Dist. LEXIS 13098 (D.Vt., February 21, 2008) The United States District Court for the District of Vermont held that only a material breach of contract … Continue reading

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U.S. Supreme Court Holds That Parties May Not Contract for Expanded Judicial Review of an Arbitration Award in Proceedings Governed by the Federal Arbitration Act

Hall Street Associates, LLC v. Mattel, Inc. 2008 U.S. LEXIS 2911 (U.S. Mar. 25, 2008) In a 6-3 decision, the Supreme Court held that in an arbitration case subject to the Federal Arbitration Act (“FAA”), the scope of judicial review … Continue reading

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New Jersey Superior Court Appellate Division Reforms Unit Price in Public Contract Where Contractor Knew Estimated Quantities Were Grossly Understated and Had Unbalanced Its Bid To Take Advantage of Error

Dugan Construction Company, Inc. v. New Jersey Turnpike Authority 941 A.2d 622 (N.J. Super. Ct. App. Div. 2008) The Superior Court of New Jersey, Appellate Division, recently had to decide whether a contractor was entitled to the contractual per unit … Continue reading

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