Monthly Archives: July 2010

Texas Court Holds Contract Allocation of Risk of Underground Conditions Overridden by Owner’s Affirmative Assurances in Specifications

Mastec North America, Inc. v. El Paso Field Services, L.P. 2010 Tex. App. LEXIS 3436 (Tex. App. May 6, 2010) The Court of Appeals of Texas recently held that when a contract places the risk of differing site conditions on … Continue reading

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Indiana Court Holds Subcontractor Subject to Prime Contract Claim Notice Requirement via Flow-Down Provision – Its Claims Were Presented Too Late

Weigand Construction Co., Inc. v. Stephens Fabrication, Inc. 2010 Ind. App. LEXIS 1109 (Ind. Ct. App. June 25, 2010) Ball State University (BSU) contracted with Weigand Construction Co. (“Weigand) to act as the general contractor for its Music Instruction Building … Continue reading

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U.S. Court of Appeals for 9th Circuit Holds Release in Defect Case Does Not Bar Claims for Indemnity in Delay / Disruption Case

Turnberry Pavillon Partners, L.P. v. M.J. Dean Construction, Inc. 2010 U.S. App. Lexis 9832 (9th Cir. May 13, 2010) Developer built a luxury condominium tower and hired contractor to serve as both the construction manager and concrete subcontractor. A separate … Continue reading

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Wisconsin Court Holds Subcontractor Had No Responsibility to Critique Design in Contract Documents

Village of Sturtevant v. STS Consultants, Ltd. 2010 Wisc. App. LEXIS 433 (Wis. Ct. App. June 9, 2010) The Court of Appeals of Wisconsin recently considered whether a design professional could maintain a claim for contribution against a subcontractor on … Continue reading

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U.S. District Court in Texas Concludes that the Texas Supreme Court Would Not Follow Federal Spearin Doctrine Pertaining to Implied Warranty of Design

Harris Constr. Co., Ltd. v. GGP-Bridgeland, L.P. 2010 U.S. Dist. LEXIS 46477 (S.D. Tex. May 12, 2010) The U.S. District Court for the Southern District of Texas determined that the issue whether the Texas Supreme Court would recognize a claim … Continue reading

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