Monthly Archives: June 2014

Federal Court in Delaware Rejects Road Signage Supplier’s Claim Under Delaware Construction Prompt Payment Act, Holding that Act Applies Only to Construction of Buildings

VSI Sales, LLC v. Griffin Sign, Inc., 2014 U.S. Dist. LEXIS 57620 (D. Del. Apr. 25, 2014). The Delaware Department of Transportation awarded a contract for a highway construction project. Defendant Griffin Sign, Inc. (“Griffin”) was hired as the subcontractor … Continue reading

Posted in Prompt Payment Act

Ohio Court of Appeals Holds Liquidated Damages Unenforceable Where Amount of Liquidated Damages Is Disproportionate to Contract Price

Boone Coleman Construction, Inc. v. Village of Piketon, 2014-Ohio-2377, 2014 Ohio App. LEXIS 2317 (Ohio Ct. App. May 22, 2014) The Court of Appeals of Ohio held that a liquidated damages provision in a public construction contract constituted an unenforceable … Continue reading

Posted in Delay, Liquidated Damage Provision

U.S. Supreme Court Holds Arbitrators Are to Decide Meaning and Application of Procedural Preconditions to Arbitration if Contract Does Not Specify Otherwise

BG Group PLC v. Republic of Argentina, 134 S. Ct. 1198 (Mar. 5, 2014)  This action arose from an investment by British company BG Group PLC (“BG”) in Argentina and under the protection of a treaty between the United Kingdom … Continue reading

Posted in Arbitration

Indiana Court of Appeals Holds Waiver of Subrogation Clause in Standard AIA Contract Not Limited to Damage to Contractor’s “Work”

Bd. of Comm’rs v. Teton Corp., 3 N.E.3d 556, 2014 Ind. App. LEXIS 43 (Ind. Ct. App. 2014) This action arose out of a repair and renovation project to the Jefferson County Courthouse in Madison, Indiana (the “Project”). The Jefferson … Continue reading

Posted in AIA Contracts, Insurance, Subrogation