Monthly Archives: December 2011

New York Bankruptcy Court Allows Total Cost Method to Calculate Contractor’s Inefficiency Damages Resulting from Restaging of Project

GII Industries, Inc. v. New York Dep’t of Transp. 2011 Bankr. LEXIS 3663 (Bankr. E.D.N.Y. Sept. 30, 2011) The Bankruptcy Court for the Eastern District of New York considered the appropriate method for calculating a contractor’s inefficiency damages and whether … Continue reading

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U.S. District Court in Massachusetts Declines Summary Judgment Based on Releases Submitted with Pay Requests – Holds Issue of Fact Exists as to Interpretation

Josef Gartner USA LP v. Consigli Construction Co., Inc. 2011 U.S. Dist. LEXIS 62492 (D. Mass. June 10, 2011) Consigli Construction and J. F. White Contracting, as joint venturers and general contractors, contracted with Josef Gartner USA for the design, … Continue reading

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Tenth Circuit Holds Flow Through of “Full Satisfaction” Clause of Prime Contract Does Not Override Limited Repair Clause of Subcontract

Larry Snyder & Co. v. Miller 648 F.3d 1156 (10th Cir. 2011) The Tenth Circuit held a repair warranty in a subcontract (the “repair clause”) limited the subcontractor’s repair obligations for failed paving work notwithstanding the flow-through of the prime … Continue reading

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U.S. District Court for Western District of Virginia Allows Constructive Acceleration Claim to Proceed

SNC-Lavalin America, Inc. v. Alliant Techsystems, Inc. 2011 U.S. Dist. LEXIS 118312 (W.D. Va. Oct. 13, 2011) SNC-Lavalin America, Inc. and Alliant Techsystems, Inc. (“ATK”) entered into a contract under which SNC would provide engineering, procurement, and construction services for … Continue reading

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U.S. District Court In Pennsylvania Holds Extra Work Claims Barred By Releases Submitted With Periodic Payment Requests And By Noncompliance With Requirements For Submission Of Documentation For Extra Work Claims

First Gen. Constr. Corp., Inc. v. Kasco Constr. Co., Inc. 2011 U.S. Dist. LEXIS 55349 (E.D. Pa. May 24, 2011) Kasco was the general contractor for a shopping center expansion. Kasco subcontracted the concrete work to First General. The subcontract … Continue reading

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