Category Archives: Releases

Federal Court in New Hampshire Holds That Subcontractor May Pursue a Mechanics’ Lien Despite Signing Written Lien Waivers and Releases Because General Contractor Had Actual Notice of Subcontractor’s Intent to Claim at Time Waivers Were Executed

Fraser Eng’g Co. v. IPS-Integrated Project Servs., LLC, 2018 US Dist. LEXIS 51392 (D.N.H. March 27, 2018) IPS-Integrated Project Services, LLC (“IPS”) was the general contractor on a project to design and construct a manufacturing facility in Portsmouth, New Hampshire. … Continue reading

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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

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New York Court Rules that Excavator’s Suit Against GC May Proceed Despite Releases It Provided with Progress Billings

Laquila Grp., Inc. v. Hunt Constr. Grp., Inc., 2014 N.Y. Misc. LEXIS 2824 (N.Y. Sup. Ct. June 25, 2014) This action arose out of a payment dispute following construction of the Barclays Center in Brooklyn, New York.  General contractor Hunt … Continue reading

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