Monthly Archives: May 2014

Pennsylvania Jury Awards Natural Gas Pipeline Builder $24.3 Million for Contract Breach

Utility Line Services, Inc. v. PVR Marcellus Gas Gathering, LLC Court of Common Pleas for Delaware County, Pennsylvania, No. 12-4322 On April 17, 2014, a Delaware County, Pennsylvania, jury awarded contractor Utility Line Services, Inc., a $24.3 Million verdict against … Continue reading

Posted in Breach of Contract, CASPA, Prompt Payment Act, Termination | Tagged

Federal Circuit Court Clarifies Standard for Establishing Government’s Breach of the Implied Duty of Good Faith and Fair Dealing in Addressing Claim for Differing Site Conditions

Metcalf Constr. Co. v. United States 742 F.3d 984 (Fed. Cir. 2014) This action arose out of the design and construction of military housing units at a U.S. Navy facility in Hawaii.  Pre-bid documents for the project supplied by the … Continue reading

Posted in Differing Site Conditions, Good Faith & Fair Dealing, Government Contract | Tagged

Federal District Court for DC Rejects Subcontractor’s Pass-Through of General Contractor’s Claim to Sub-Subcontractor

Window Specialists, Inc. v. Forney Enterprises, Inc., 2014 U.S. Dist. LEXIS 2014 U.S. Dist. LEXIS 34702 (D.D.C. March 18, 2014) This dispute arises out of a construction contract to repair property at Fort McNair in Washington, D.C.  The Army contracted with … Continue reading

Posted in Breach of Contract, General Contractor, Payment bond, Subcontract | Tagged , , ,

Michigan Court Holds Violation of Arbitration Agreement Obligating AAA to Appoint an Arbitrator Possessing Specified Qualifications is Subject to Pre-Award Redress

Oakland-Macomb Interceptor Drain Drainage Dist. v. Ric-Man Constr., Inc., 2014 Mich. App. LEXIS 204 (Mich. Ct. App. Jan. 30, 2014) The Michigan Court of Appeals, applying the Federal Arbitration Act, 9 U.S.C. § 1, et seq., ruled that while a … Continue reading

Posted in Arbitration | Tagged ,