Category Archives: Owner

Federal District Court in PA Holds Contractor’s Use of Subcontractor’s Conditional Bid Proposal in its Bid to Owner Insufficient to Form Enforceable Contract

Neshaminy Constructors, Inc. v. Concrete Building Systems, Inc. 2007 U.S. Dist. LEXIS 69197, Civil Action No. 06-1489 (E.D. Pa. 2007) The United States District Court for the Eastern District of Pennsylvania conducted a bench trial in which the primary question … 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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Florida Court Holds that Arbitrator, Rather Than Court, Should Determine Validity of Contract

Charles Boyd Construction Inc. v. Vacation Beach, Inc. No. 5D06-2168, 2007 Fla. App. LEXIS 9597 (Fla. Dist. Ct. App., June 22, 2007) Following the precedent of the United States Supreme Court in Buckeye Check Cashing, Inc. v. Cardegna, 546 U.S. … Continue reading

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Vermont Court Reverses Award Of Consequential Damages To Owner In Construction Defect Case

EBWS, LLC v. Britly Corporation 2007 VT 37; 2007 Vt. LEXIS 69 (Vt. May 25, 2007) The Vermont Supreme Court held that the cost of an owner’s anticipated voluntary payments of employee wages and for product purchases during the temporary … Continue reading

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NY District Court Enforces Liquidating Agreement Between Owner And Surety That Permitted Owner To Retain Recovery Obtained From Third Party To Satisfy Owner’s Claim For Damages Against Surety

Menorah Home and Hosp. for the Aged and Infirm v. Fireman’s Fund Ins. Co. 2007 U.S. Dist. LEXIS 27684 (E.D.N.Y., April 13, 2007) The District Court for the Eastern District of New York held that a liquidating agreement between an … Continue reading

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