Monthly Archives: October 2015

A Case to Watch: Highway Contractor Appeals $663M False Claims Act Judgment

Kristin H. Jones, Pepper Hamilton LLP, Partner Thomas J. Madigan, Pepper Hamilton LLP, Partner On August 31, 2015, highway contractors Trinity Industries, Inc. and Trinity Highway Products, LLC (collectively, Trinity) appealed to the U.S. Court of Appeals for the Fifth … Continue reading

Posted in False Claims Act

Federal District Court in California Holds that Subcontract Provision Binding Subcontractor to Result of Dispute Resolution under Prime Contract Was Not an Effective Waiver of Miller Act Rights

DVBE Trucking and Construction Co., Inc. v. McCarthy Building Companies, Inc., 2015 U.S. Dist. LEXIS 90052 (N.D. Cal. July 10, 2015) This payment dispute case arises out of a Veterans Affairs (“VA”) construction project located in Palo Alto, California.  McCarthy … Continue reading

Posted in Flow Down, Miller Act, Payment bond, Payment dispute

Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not Confer Authority to Determine That Subcontractor Caused Delay

Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force Base in … Continue reading

Posted in Delay, Subcontract

Federal Court in New York Applies Scope of Duty Analysis in Deciding Claim for Architectural Malpractice

Wax NJ-2, LLC v. JFB Constr. & Dev., 13-cv-4537, 2015 U.S. Dist. LEXIS 74508 (S.D.N.Y. June 9, 2015) Wax NJ-2, LLC (“Wax”) hired the architectural firm GF55 Partners (“GF55”) to design and then inspect construction of a store that Wax … Continue reading

Posted in Design Responsibilities, Engineer Liability, Malpractice