Monthly Archives: February 2010

DC Court of Appeals Holds Contractor’s Failure to Declare Subcontractor in Default and Provide Subcontractor’s Surety with Notice Before Taking Over Completion of Subcontractor’s Work Released Surety from Liability

Hunt Construction Group, Inc. v. National Wrecking Corporation 587 F.3d 1119; 2009 U.S. App. LEXIS 25909 (2009) Plaintiff, Hunt Construction Group (“Hunt”), commenced an action against one of its subcontractors, National Wrecking Corporation (“National”) and against two sureties (the “Sureties”) … Continue reading

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Pennsylvania Commonwealth Court Holds Procurement Code Provides Exclusive Remedy for Substantive Challenges to Agency’s Contract Award, But Equitable Judicial Remedies Are Available Where Agency Deviates from Statutory Protest Procedures

GTECH Corp. v. Commonwealth, Dept. of Revenue 965 A.2d 1276 (Pa. Commw. 2009) The Commonwealth Court of Pennsylvania considered whether the Pennsylvania Procurement Code provides the exclusive remedy for aggrieved bidders to challenge the procedure and outcome of bidding contests … Continue reading

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US District Court for Western District of PA Holds Contractor Owes Properly Terminated Subcontractor Payment for Work Performed Prior to Termination Plus CASPA Interest

U.S. for Use and Benefit of Greenmoor, Inc. v. Travelers Casualty and Surety Co. 2009 U.S. Dist. LEXIS 113153 (W.D. PA 12/04/2009) The Court held that a properly terminated subcontractor was nevertheless entitled to payment for contract work and extras … Continue reading

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US District Court for the Eastern District of Kentucky Holds Compliance With Plans and Specifications Does Not Preclude Contractor Liability in Negligence for Proceeding Where Risk of Collapse Was Apparent

Charter Foods Inc. v. Derek Engineering of Ohio, Inc. 2009 U.S. App. LEXIS 115477 (E.D. KY. Dec. 11, 2009) The District Court for the Eastern District of Kentucky held that a general contractor, who had performed excavation work on a … Continue reading

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US District Court for Middle District of Pennsylvania Holds Course of Performance May Vitiate Partial Payment Releases and Delay Costs May Be Recovered Under Federal Miller Act Payment Bond

U.S. ex rel Pioneer Construction v. Pride Enterprises 2009 U.S. Dist. LEXIS 110935 (M.D. Pa., November 27, 2009) The court denied the contractor’s claim for summary judgment, which was based on the theory that the subcontractor’s claims were barred by … Continue reading

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