Monthly Archives: May 2018

If You Want to Avoid Prejudgment Interest You Have to Expressly Say So in the Contract, Merely Striking the Interest Provision From the Contract May Not Work

G&G Mech. Constructors, Inc. v. Jeff City Indus., Inc., No. WD80840, 2018 Mo. App. LEXIS 271 (Mar. 20, 2018). This case arose out of a project in Columbia, Missouri on which Jeff City Industry, Inc. (“JCI”) was the general contractor … Continue reading

Posted in Contract Drafting | Tagged , , , , , ,

Evidence That Government Internally Considered Additional Modifications After the Parties Had Signed Earlier Modifications May Negate a Finding That the Earlier Modifications Were an Accord and Satisfaction of All Claims

Meridian Eng’g Co. v. United States, 2018 U.S. App. LEXIS 7024 (Fed. Cir., Mar. 20, 2018) Meridian Engineering Company (“Meridian”) was hired by the United States (“Government”) to construct flood control structures on the Chula Vista Project.  Meridian encountered what it considered … Continue reading

Posted in Releases | Tagged ,

How Much Control Is Too Much Control? Federal Court in Florida Holds Designers’ Supervision of Project and Issuance of Design Documents Creates Control Over—And Potential Tort Liability To—Project Contractors

Suffolk Constr. Co. v. Rodriguez & Quiroga Architects Chtd., 2018 U.S. Dist. LEXIS 42652 (S.D. Fla. Mar. 15, 2018) This case arises out of the design and construction of a science museum in Miami, Florida (the “Project”).  Museum of Science, … Continue reading

Posted in Negligence | Tagged , , , , , , , , ,