Category Archives: General Contractor

U.S. District Court in Kentucky Holds that Contractor Which Proposed Design Solution During Construction Might Be Liable for Failure Notwithstanding Owner’s Obligation to Provide Designs and Instructions

American Towers LLC v. BPI, Inc., 2014 U.S. Dist. LEXIS 106724 (E.D. Ky. Aug. 4, 2014) American Towers LLC (“American Towers”), which operates wireless and broadcast communications towers, undertook a project to construct a cell tower in Prestonburg, KY, along … Continue reading

Posted in Design Responsibilities, Failures, General Contractor

Federal District Court for DC Rejects Subcontractor’s Pass-Through of General Contractor’s Claim to Sub-Subcontractor

Window Specialists, Inc. v. Forney Enterprises, Inc., 2014 U.S. Dist. LEXIS 2014 U.S. Dist. LEXIS 34702 (D.D.C. March 18, 2014) This dispute arises out of a construction contract to repair property at Fort McNair in Washington, D.C.  The Army contracted with … Continue reading

Posted in Breach of Contract, General Contractor, Payment bond, Subcontract | Tagged , , ,

Colorado Appeals Court Holds that AIA Contract Waiver of Subrogation Extends to “Non-Work” as Well as “Work”

Copper Mountain, Inc. v. Industrial Systems, Inc. 2007 Colo. App. LEXIS 2298 (Colo. App. Ct. Nov. 29, 2007) Copper Mountain, Inc. hired Amako Resort Construction, Inc. as the general contractor to renovate and expand a mountain resort lodge. Amako subcontracted … Continue reading

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Fourth Circuit Court of Appeals Holds Owner’s Negligence Cause of Action Against Subcontractor Barred by the Economic Loss Rule

Dur v. Western Branch Diesel, Inc. 2007 U.S. App. LEXIS 16237 (4th Cir. July 9, 2007) Following the precedent of the Supreme Court of Virginia in Sensenbreunner v. Rust. Orling & Neale, Architects, Inc., 374 S.E.2d 55 (Va. 1988), the … Continue reading

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Federal District Court In West Virginia Holds Pay-If-Paid Clause No Defense To Miller Act Claim

U.S. ex. rel. Straightline Corp. v. American Casualty Corp. 2007 U.S. Dist. LEXIS 50688 (N.D. W.Va 2007) The United States District Court for the Northern District of West Virginia held that a “pay-if-paid” clause was not a valid defense to … Continue reading

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