Monthly Archives: December 2014

En Banc Pennsylvania Superior Court Rejects Extending CASPA Liability Beyond Contracting Parties

Scungio Borst & Assocs. v. 410 Shurs Lane Developers, LLC et al., 2014 Pa. Super. LEXIS 4527 (Pa. Super. Ct. 2014) On reconsideration of an earlier panel decision of the Pennsylvania Superior Court, the Court en banc rejected a contractor’s … Continue reading

Posted in CASPA, Payment dispute

U.S. District in California Discusses Distinctions between Joint Ventures and Subcontractor Relationships for Miller Act Purposes

Frontier Contr. Inc. v. Allen Eng’g Contr., Inc., 2014 U.S. Dist. LEXIS 136474 (E.D. Cal. Sept. 2014) Frontier Contracting Inc. (Frontier) entered into a teaming agreement with Allen Engineering Contractor, Inc. (Allen) to complete two U.S. Federal Highway projects in Sequoia … Continue reading

Posted in Joint Venture, Miller Act, Subcontract

U.S. District Court in Minnesota Rejects Owner’s Implied Warranty Claims Against Installation Contractor – Also Holds Recovery of Lost Profits Barred By Limitation of Damages Clause

Spectro Alloys Corp. v. Fire Brick Eng’rs Co., Inc., 2014 U.S. Dist. LEXIS 140817 (D. Minn. Oct. 3, 2014). Spectro Alloys Corporation (“Spectro”) operates a smelter, and it hired Fire Brick Engineers (“FBE”) to install refractory lining to two furnaces … Continue reading

Posted in Limitation of Damages, Warranty

Illinois Court Holds Relief Available to a Sub-Subcontractor Under an Unjust Enrichment Theory for Work Requested but Not Paid for By General Contractor

C. Szabo Contracting, Inc. v. Lorig Construction Co., 2014 IL App (2d) 131328; 2014 Ill. App. LEXIS 699 (Sept. 29, 2014) In May of 2006, the Illinois State Toll Highway Authority (“Highway Authority”) retained Defendant Lorig Construction Company (“Lorig”) as … Continue reading

Posted in Payment dispute, Unjust Enrichment