Monthly Archives: June 2008

US District Court in Michigan Holds No Damages for Delay Provision in Subcontract to be Performed in Georgia Unenforceable Under Ohio Statute Where Choice of Law Provision Specified Application of Ohio Law

Acme Contracting, Ltd. v. TolTest, Inc 2008 U.S. Dist. LEXIS 36355 (E.D. Mich. May 5, 2008) The United States District Court for the Eastern District of Michigan recently had to interpret an Ohio statute (O.R.C. §4113.62) which statute dealt with … Continue reading

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

US District Court in New York Holds That CPM Expert Not Required to Prove Delay and That Liquidating Agreement is Required in Order to Bring Pass-Through Claims

Helena Assocs., LLC v. EFCO Corp. U.S. Dist. LEXIS 39977 (S.D.N.Y. May 14, 2008) Owner, The Helena Associates, LLC contracted with EFCO Corporation for the work, materials and installation of aluminum windows in the construction of The Helena, a high-rise … Continue reading

Posted in Breach of Contract | Tagged , ,

North Carolina Appellate Court Holds Limitation Of Damages And Indirect Damages Provisions In Engineering Contract To Be Enforceable

Mostellar Mansion, LLC v. Mactec Engineering & Consulting of Georgia, Inc. 2008 N.C. App. LEXIS 1011 (May 20, 2008) Mostellar Mansion, LLC (Mansion) entered into a contract with Mactec Engineering and Consulting of Georgia, Inc. (Mactec) in connection with Mostellar’s … Continue reading

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

US District Court in California Holds Basic Builder’s Risk Coverage Inapplicable to Increased Cost Of Completing Portion Of Project Which Was Not Built At Time Of Failure – Rather Coverage of Such Losses Was Restricted to More Limited Additional Coverage Part

Oceanside Pier View, L.P. v. Travelers Property Casualty Co. of American 2008 U.S. Dist. LEXIS 37755 (S.D. Cal. May 6, 2008) The U.S. District Court for the Southern District of California considered whether the basic coverage of a $28 million … Continue reading

Posted in Delay | Tagged , ,

United States Court Of Federal Claims Recognizes General Contractor’s Claim For Cumulative Impact Resulting From Many Modifications And Rejects Defense That Modifications Constituted Accord And Satisfaction

Bell BCI Company v. United States 81 Fed. Cl. 617; 2008 U.S. Claims LEXIS 116, (April 21, 2008) Note: This case was affirmed in part, vacated in part, and remanded in Bell BCI Co. v. United States, 570 F.3d 1337 … Continue reading

Posted in Liquidated Damage Provision, Subcontract | Tagged , ,