Monthly Archives: August 2010

California Supreme Court Holds Public Entity May Be Liable to Contractor for Nondisclosure of Material Information Under Superior Knowledge Doctrine – Proof of Affirmative Concealment or Intentional Misrepresentation Not Required

Los Angeles Unified School District v. Great American Insurance Company 49 Cal. 4th 739 (July 12, 2010) On July 12, 2010, the California Supreme Court filed a ruling significant to public entities entering into contracts for public works projects. In … Continue reading

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Pennsylvania Superior Court Holds Unpaid Supplier’s Right to Contract Funds is Superior to Rights of Failed Contractor’s Secured Bank Creditor and Bankruptcy Estate – Owner’s Recovery of Attorneys’ Fees in Interpleader Disallowed

Trevdan Building Supply v. Toll Brothers, Inc. 2010 PA Super. 100, 996 A.2d 520 (May 28, 2010) On May 28, 2010 the Pennsylvania Superior Court filed a ruling that is significant to project owners as well as subcontractors and suppliers. … Continue reading

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U.S. Court of Appeals for the Fifth Circuit Holds Performance Bond Claim Time Barred – Estoppel Excuse Not Available to City

Hartford Fire Insurance Co. v. City of Mont Belvieu 2010 U.S. App. Lexis 14277 (5th Cir. July 13, 2010) The Court of Appeals for the Fifth Circuit recently held that a Texas City’s bond claim was time barred under the … Continue reading

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Indiana Supreme Court Holds Economic Loss Doctrine Bars Owner’s Claims for Design Deficiencies Against Engineering Firms Not in Privity

Indianapolis – Marion County Public Library v. Charlier Clark & Linard, P.C 2010 Ind. LEXIS 397 (Indiana, June 29, 2010) The Indianapolis-Marion County Public Library entered into contracts with Woollen Molzan and Partners, Inc. (“Architect”) for the design for the … Continue reading

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U.S. District Court in Georgia Holds Written Change Order Requirement Waived By Course of Conduct

Circle Y Construction, Inc. v. WRH Realty Services, Inc. 2010 U.S. Dist. LEXIS 67812 (N.D. Ga. July 8, 2010) Circle Y Construction, Inc. contracted with WRH Hidden Colony to perform certain renovation work at nine unoccupied apartment units. The contract … Continue reading

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