Category Archives: Design/Build

Contractor’s Third Party Beneficiary Claim Dismissed Against Designer Where Designer’s Contract with Owner Lacked Clear Intent to Benefit the Contractor

Arco Ingenierosm, S.A. v. CDM Int’l Inc., Civil Action No. 18-12348-PBS, 2019 BL 100779 (D. Mass. Mar. 22, 2019) Luke Nicholas Eaton In November 2009, Tropical Storm Ida hit El Salvador, causing flooding, landslides, and the destruction of homes, roads, … Continue reading

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Western District of Virginia Confronts Several Legal Issues That Frequently Impact Multi-Party Construction Disputes – Economic Loss, Damage to Other Property, Third Party Beneficiary Status, Warranties, Subrogation, and Third-Party Joinder

Allstate Insurance Company v. Structures Design/Build, LLC, 2016 U.S. Dist. LEXIS 34349 (WD VA March 17, 2016) This construction dispute case arises from a failed pipe connector that caused water damage to a facility and insured personal property, which Hillel … Continue reading

Posted in Defective Work, Design/Build, Economic Loss Defense, Subrogation, Warranty

US District Court in New Jersey Holds Waiver of Subrogation in AIA General Conditions Applies to Post-Construction Policies and Losses

Argonaut Great Cent. Ins. Co. v. DiTocco Konstruction, Inc. 2007 U.S. Dist. LEXIS 93846 (D.N.J. Dec. 21, 2007) After a fire destroyed a T.G.I. Friday’s restaurant and all of its equipment, the meaning of the subrogation continuation clause contained in … Continue reading

Posted in Design/Build, Negligence | Tagged , ,

Seventh Circuit Holds that Indian Tribe Agreed to Waive Sovereign Immunity

Sokaogon Gaming Enterprise Corp. v. Tushie-Montgomery Assocs, Inc., 86 F.3d 656, 1996 U.S. App.LEXIS 13399 (7th Cir. June 5, 1996) District Court erred in granting summary judgment in favor of Indian tribe on grounds of tribe’s sovereign immunity; by signing … Continue reading

Posted in Arbitration, Design/Build | Tagged , , ,

The Supreme Court of Alaska Held That a Contractor’s Failure to Comply with the Contractual Notice Provisions Barred Its Claim as a Matter of Law

Neal & Co., Inc. v. City of Dillingham and CH2M Hill Northwest, Inc., 923 P.2d 89 (Alaska 1996) In February of 1987, the City of Dillingham (“City”) solicited bids for the construction of a sewerage facility, which would include two … Continue reading

Posted in Delay, Design/Build | Tagged , , ,