Monthly Archives: June 2015

US District Court in New York Holds Owner’s Interference Bars Claim that Contractor Breached By Abandoning Project

NYU Hosps. Ctr. v. HRH Constr. LLC, 2015 U.S. Dist. LEXIS 31967 (S.D.N.Y. Mar. 12, 2015) NYU Hospitals Center (“NYU”) hired HRH Construction LLC (“HRH”) to renovate NYU’s radiology center. HRH entered into subcontracts with various trades to complete the … Continue reading

Posted in Breach of Contract, Interference

Supreme Court of Pennsylvania Holds Contractor and Subcontractor Payment Act (“CASPA”) Inapplicable to Public Works Projects

Thomas J. Madigan, Partner Kristopher Berr, Associate Clipper Pipe & Service, Inc. v. The Ohio Cas. Ins. Co., 2015 Pa. LEXIS 1275 (PA  June 15, 2015) The Supreme Court of Pennsylvania held that CASPA, 73 P.S. §§501-516, “does not apply … Continue reading

Posted in CASPA, Government Contract, Payment dispute, Prompt Payment Act

Pennsylvania Appeals Court Finds Public Owner Waived Written Change Order Requirement By Conduct

East Coast Paving & Sealcoating, Inc. v. N. Allegheny Sch. Dist., 111 A.3d 220 (Pa. Commw. Mar. 6, 2015). North Allegheny School District (“Owner”) hired East Coast Paving & Sealcoating, Inc. (“Contractor”) to pave several large areas.  Shortly after Contractor … Continue reading

Posted in Change Order, Extra Work, Waiver

Supreme Court of New Jersey Determines When Statute of Repose Begins to Run for a Mechanical System Serving a Project Completed in Phases

State v. Perini Corp., 2015 N.J. LEXIS 388 (N.J. April 30, 2015) The Supreme Court of New Jersey held that for an improvement supplying critical utilities to multiple buildings constructed as part of a multi-phase construction project, the ten year … Continue reading

Posted in statute of repose