Monthly Archives: May 2013

Texas Appeals Court Reverses Jury Verdict for Owner, Holding Owner’s Repair of Allegedly Defective Expansion Joint Without Allowing Contractor to Inspect for Conformity to Design Constituted Spoliation

Miner Dederick Constr., LLP v. Gulf Chemical & Metallurgical Corp. 2013 Tex. App. LEXIS 4589 (Tex. App. April 11, 2013) Gulf Chemical & Metallurgical Corporation (“Gulf”) hired Miner Dederick Construction, LLP (“Miner”) in May 2005 to construct an addition to … Continue reading

Posted in Breach of Contract | Tagged , , ,

Colorado Court of Appeals Upholds Summary Judgment Barring Owner Tort Claims Against Service Contractor Pursuant To Economic Loss Rule

Engeman Enterprises, LLC, v. Tolin Mechanical Systems Company 2013 Colo. App. LEXIS 345 (Colo. App. Mar. 14, 2013) Engeman operates a cold storage facility and Tolin designs, installs, maintains, and repairs cooling systems. In 2008, Engeman engaged Tolin for an … Continue reading

Posted in Negligence | Tagged , , , , , ,

Connecticut Superior Court Affirms Judgment for Contractor on Claim for Extra Work, Holds Substantial Compliance Satisfies Notice Requirement and Approves Damages Calculated on Variants of the Total Cost Method and Eichleay Formula

Paragon Constr. Co. v. Dep’t of Pub. Works 2013 Conn. Super LEXIS 789 (Conn. Super. Ct. 2013) The Connecticut Department of Public Works and the Connecticut Department of Corrections (collectively “the State”) solicited bids for the renovation of a correctional … Continue reading

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DC Court Holds that Authority’s Consideration Of Contractor’s Claim on Merits Raises Issue of Fact as to Waiver of Late Notice Defense

TRG Construction, Inc. v. District of Columbia Water & Sewer Authority 2013 D.C. App. LEXIS 257 (May 9, 2013) Appellant, TRG Construction, Inc. (“TRG”), was hired by the District of Columbia Water and Sewer Authority (“D.C. Water”) to renovate bathrooms … Continue reading

Posted in Termination | Tagged , , , , ,

Superior Court of Pennsylvania Holds Award of Prejudgment Interest on Damages for Breach of Contract is Discretionary in Most Circumstances

Cresci Constr. Servs., Inc. v. Martin 2013 Pa. Super. LEXIS 154 (Pa. Super. Ct. Mar. 28, 2013) Martin hired Cresci to build a home in exchange for $184,730. The Contract included a liquidated damages clause that applied if Martin canceled … Continue reading

Posted in Breach of Contract, Liquidated Damage Provision | Tagged , , ,