Monthly Archives: May 2010

U.S. District Court in South Dakota Denies Summary Judgment on Contractor’s Set-off Defense Based on Delay in Delivery to Supplier’s Claim for Payment On Grounds That Material Issues of Fact Existed Regarding Time for Delivery and UCC Notice to Supplier

Blesi-Evans Co. v. Western Mechanical Service, Inc. 2010 U.S. Dist. LEXIS 36302 (S.D. April 13, 2010) Defendant Western Mechanical Services, Inc. entered into a contract with the state of South Dakota to replace boilers on the South Dakota School of … Continue reading

Posted in Breach of Contract | Tagged , ,

U.S. District Court in Florida Rules Expert Witness Not Required to Establish Architectural or Engineering Standards of Care, Where Claims Based on Rejection of Designs for Noncompliance With Codes

Lillibridge Health Care Services, Inc. v. Hunton Brady Architects, P.A. 2010 U.S. Dist. LEXIS 34210 (M.D. Fla. April 7, 2010) Lillibridge Healthcare Services, Inc. sued Hunton Brady Architects, P.A. and Heery International, Inc. for breach of contract, negligent design, and … Continue reading

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

U.S. Court of Appeals for Sixth Circuit Holds Ohio Statute Precludes Application of “No Damage for Delay” Clause

Acme Contracting, Ltd. v. Toltest, Inc. 2010 U.S. App. LEXIS 6144 (6th Cir. Mar. 24, 2010) The Court of Appeals for the Sixth Circuit affirmed a District Court decision that a “no damage for delay” clause was void and unenforceable … Continue reading

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

New York Appellate Division Holds Oral Directions to Perform Extra Work May Override Contract Provisions Requiring Written Authorization

Penava Mechanical Corp. v. Afgo Mechanical Services, Inc. 2010 N.Y. App. Div. LEXIS 1973 (N.Y. App. Div. March 16, 2010) In a contract dispute, the trial court granted motions for summary judgment filed by the general contractor and owner, dismissing … Continue reading

Posted in Uncategorized | Tagged ,

Rhode Island Court Holds Incorporated Subcontract Terms Regarding Termination Did Not Vitiate Obligation of Notice to Surety Under AIA A312 Performance Bond

Raito, Inc. v. Cardi Corp. 2010 R.I. Super LEXIS 61 (R.I. Super. April 10, 2010) Cardi contracted with the State of Rhode Island for the construction of a new bridge over the Providence River on Interstate I-95. Cardi subcontracted with … Continue reading

Posted in Payment bond, Subcontract | Tagged , , ,