Monthly Archives: September 2008

Georgia Supreme Court Holds Limitation of Damages Clause in Engineering Agreement to Be an Unenforceable Indemnity Provision

Lanier at McEver, L.P. v. Planners and Engineers Collaborative, Inc. 2008 Ga. LEXIS 553 (Ga. June 30, 2008) In this case, the Supreme Court of Georgia reversed a Court of Appeals’ decision, previously reported here, holding that a provision limiting … Continue reading

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U.S. District Court in Pennsylvania Holds that Gist of the Action Doctrine Bars Claims for Fraud and Negligent Misrepresentation Where a Contract is Central to the Claim

Bryan’s Quality Plus, LLC v. Shaffer Builders, Inc. 2008 U.S. Dist. LEXIS 61713 (E.D. Pa. Aug. 12, 2008) The District Court for the Eastern District of Pennsylvania was faced with a motion to dismiss a defendant’s counterclaims for fraud and … Continue reading

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U.S. District Court in Pennsylvania Holds Bilt Rite Claim Subject to Discovery Rule for Limitations Purposes

Waynesborough Country Club of Chester County v. Diedrich Niles Bolton Architects, Inc. 2008 U.S. Dist. LEXIS 45980 (E.D. Pa. July 21, 2008) The case arose out of the design and construction of a new clubhouse for Waynesborough. Diedrich Niles Bolton … Continue reading

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U.S. District Court in Michigan Dismisses Plaintiff’s Claim for Professional Malpractice Against Defendant Design Professional Because of Spoliation of Evidence

Chrysler Realty Company, LLC v. Design Forum Architects, Inc. 2008 U.S. Dist. LEXIS 42721, No. 06-CV-11785 (E.D. Mich. May 30, 2008) The United States District Court for the Eastern District of Michigan was asked to consider whether a plaintiff’s claim … Continue reading

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U.S. District Court In Pennsylvania Holds Certificate Of Merit Requirement Does Not Apply To Contractor’s And Subcontractor’s Bilt-Rite Claim Against Architect

Quinn Construction, Inc. v. Skanska USA Building Inc. 2008 U.S. Dist. LEXIS 45980 (E.D. Pa. June 10, 2008) The United States District Court for the Eastern District of Pennsylvania held that no certificate of merit was required in contractor and … Continue reading

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