Monthly Archives: April 2018

Federal Court Holds That it Lacks Subject Matter Jurisdiction to Review VA’s Decision to Begin Debarment Proceedings Since That Decision Is Not a Final Agency Action

Hope v. Dep’t of Veterans Affairs, 2018 U.S. Dist. LEXIS 28479 (E.D. Ark. Feb. 22, 2018) This matter involved a motion for temporary restraining order and preliminary injunction (the “Motion”) filed by Richard Alan Hope (“Hope”) and his HVAC company, … Continue reading

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Contractor Who Failed to Challenge Arbitration Award Within Statutory Three Month Period Cannot Resurrect the Challenge as an “Affirmative Defense” to a Later Action for Confirmation

St. George Fire Prot. Dist. No. 2 v. J. Reed Constructors, Inc. 2018, La. App. LEXIS 262 (February 20, 2018) J. Reed Constructors, Inc. (“J. Reed”) and St. George Fire Protection District No. 2 (“St. George”) entered into two construction … Continue reading

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Divided New York Court of Appeals Holds That a Third Party Cannot Sue for Breach of Contract Absent Express Language Naming Them as an Intended Beneficiary and That Claims for Breach of Contract and Professional Negligence Against an Architect Cannot Both Be Maintained When the Allegations Supporting Both Claims Are Nearly Identical

Dormitory Auth. of the State of NY v. Samson Constr. Co., 2018 N.Y. Lexis 218 (February 15, 2018) The Dormitory Authority of the State of New York (“DASNY”) undertook, as project manager, to construct a facility for the Office of the … Continue reading

Posted in Negligence, Third Party Beneficiary | Tagged , , ,