Monthly Archives: January 2013

U.S. District Court in Missouri Holds Three-Month Suspension of Work Due to Work Safety Concerns Did Not Constitute Unreasonable Delay to Work Permitting Subcontractor to Terminate Subcontract Under AIA-Type Provision

SAK Construction of CA, L.P. v. PSC Industrial Outsourcing, L.P. 2012 U.S. Dist LEXIS 123473 (E.D. Mo. 2012) This action arose out of the Los Coyotes Water Reclamation Plant Interceptor Project in Los Angeles County, California. General Contractor, SAK Construction … Continue reading

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

U.S. District Court in Colorado Dismisses Contractor’s Negligence, Third-Party Beneficiary and Indemnity Claims, But Not Its Contribution Claim, Against Architect

Maisel v. Erickson Construction, Inc. 2012 U.S. Dist. LEXIS 108726 (D. Colo. August 3, 2012) Plaintiff contracted with Charles Cunniffe & Assoc. Architects (“CCA”) for architectural services. Plaintiff separately contracted with Erickson Construction, Inc. (“Erickson”) for construction and general contractor … Continue reading

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

New York Appellate Division Rejects Construction Manager’s Claim Seeking Common Law Indemnity from Architect Where Construction Manager’s Liability Was Not Purely Vicarious

Genesee/Wyoming YMCA v. Bovis Lend Lease LMB, Inc 2012 N.Y. App. Div. LEXIS 6358(N.Y. App. Div. Sept. 28, 2012) The Genesee/Wyoming YMCA (“YMCA”) contracted with Bovis Lend Lease LMB, Inc. (“Bovis”) and Thomas Associates Architects & Engineers (“Thomas”) for the … Continue reading

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Massachusetts Supreme Court Holds Expert Testimony Is Not Always Required to Support Professional Negligence Claim

LeBlanc v. Logan Hilton J.V. 463 Mass. 316 (2012) The Massachusetts Supreme Court ruled where there is evidence that design professionals had actual knowledge of deficiencies in the installation of electrical switchgear but failed to fulfill their contractual duties to … Continue reading

Posted in Negligence | Tagged ,

Mississippi Court of Appeals Reviews Relationship Between Actual Damages for Delay and Liquidated Damages

Hovas Constr., Inc. v. Western Line Consolidated School Dist. 2012 Miss. App. LEXIS 556 (September 14, 2012) The Board of Trustees of Western Line Consolidated School District entered into a $450,000 contract with Hovas Construction, Inc. for an addition and … Continue reading

Posted in Liquidated Damage Provision | Tagged , ,