Monthly Archives: December 2008

Second Circuit Holds Arbitrators Cannot, Under the Federal Arbitration Act, Compel Pre-Hearing Discovery of Documents of Third Parties, Except That Production May be Compelled at a Preliminary Hearing Before an Arbitrator

Life Receivables Trust v. Syndicate 102 at Lloyd’s of London 2008 U.S. App. LEXIS 24977 (Nov. 25, 2008) The Second Circuit held that section 7 of the Federal Arbitration Act (“FAA”) does not permit an arbitrator to compel pre-hearing document … Continue reading

Posted in Arbitration | Tagged ,

Pennsylvania Supreme Court Holds That, Absent Express Reservation Of Rights, Release Of Contractor Also Discharges Surety

Kiski Area Sch. Dist. v. Mid-State Surety Corp. 2008 Pa. LEXIS 2260 (Dec. 17, 1988) Kiski Area School District (“the District”) entered into an agreement with contractor, Lanmark, for the construction and renovation of an elementary school. Mid-State Surety Corporation … Continue reading

Posted in Payment bond, Payment dispute | Tagged , ,

Vermont District Court Declines To Apply Exception To Economic Loss Rule To Contractor’s Claims Against Architect

Hunt Construction Group, Inc. v. Brennan Beer Gorman / Architects, P.C. 2008 U.S. Dist. LEXIS 93754 (D. Vt. 2008) In declining to apply an exception to the economic loss rule, the Court dismissed a contractor’s negligence claims against the project … Continue reading

Posted in Negligence | Tagged , , ,

United States District Court in New Jersey Considers Effect of Waiver of Consequential Damages and Damages Cap on Indemnification Provisions Contained in Architect’s Contract

Atlantic City Associates LLC v. Carter & Burgess Consultants, Inc. 2008 U.S. Dist. LEXIS 93684 (D.N.J. Nov. 13, 2008) The United States District Court for the District of New Jersey was asked to resolve the effect of liability limiting provisions … Continue reading

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United States District Court in Virginia Holds That Prime Contract Provision Concerning Accrual of Statute of Limitations “Flowed Down” to Afford Subcontractor Defense to Defective Work Claim

Steadfast Insurance Co v. Brodie Contractors, Inc. 2008 U.S. Dist. LEXIS 88448 (October 31, 2008 W.D. Va.) Steadfast Insurance Co., as subrogee of Skanska USA Building Co., the general contractor, alleged claims for breach of contract and breach of warranty … Continue reading

Posted in Breach of Contract, Statute of Limitations, Subcontract | Tagged , , , ,