Monthly Archives: January 2014

Sixth Circuit Court of Appeals, Applying Kentucky Law, Holds Subcontractor’s Allegedly Faulty Construction of a Building Pad and the Resulting Damages Is Not an “Occurrence” Under a Commercial General Liability Policy

Liberty Mut. Fire Ins. Co. v. Kay & Kay Contr. 2013 U.S. App. LEXIS 23587 (6th Cir. Nov. 19, 2013) This action arose out of a commercial general liability (“CGL”) policy issued by Liberty Mutual Fire Insurance Co. (“Liberty Mutual”) … Continue reading

Posted in Commercial General Liability | Tagged , , ,

Court of Federal Claims Holds Government Abused Discretion in Terminating Contract for Convenience; Also Finds Contractor Liable for Violations of the False Claims Act

Gulf Group Gen. Enters. Co. W.L.L. v. United States 2013 U.S. Claims LEXIS 899 (Fed. Cl. July 2, 2013) This action arose from a contractor’s claim that the U.S. Army (the “Army” or the “Government”) abused its discretion in terminating … Continue reading

Posted in Termination | Tagged , ,

U.S. District Court in Puerto Rico, Applying Connecticut Law, Considers Application of Notice Requirements to Termination of Joint Subcontractors

Fed. Ins. Co. v. Empresas Sabaer, Inc. 2013 U.S. Dist. LEXIS 112930 (D.P.R. Aug. 9, 2013) This action arose out of a surety’s claim for expenses incurred for correcting a subcontractor’s defective work. DTC Engineering and Constructors, LLC (“DTC”) and … Continue reading

Posted in Termination | Tagged , , , ,

U.S. District Court in Maryland Holds Work Performed After Termination Does Not Delay Commencement of One-Year Miller Act Statute of Limitations

United States ex rel. Tymatt Indus. v. Allen & Shariff Constr. Servs. 2013 U.S. Dist. LEXIS 114015 (D. Md. Aug. 13, 2013) This action arose out of a subcontractor’s Miller Act claim for unpaid contract balances on a federal construction … Continue reading

Posted in Miller Act | Tagged , , ,

U.S. District Court in Maryland Holds One-Year Statute of Limitations Under Miller Act Did Not Commence Until After Required Testing Performed by Subcontractor

United States of America ex rel D&M General Contracting, Inc v. Arch Ins. Co. 2013 U.S. Dist. LEXIS 111260 (D. Md. Aug. 5, 2013) This action arose out of subcontractor’s claim for increased costs allegedly incurred as a result of … Continue reading

Posted in Miller Act | Tagged , , ,