Category Archives: Subcontract

Federal Court in Hawaii Holds that an Unlicensed Subcontractor May Pursue Contract Claims Against Contractor Notwithstanding Statute Precluding Unlicensed Contractors from Recovering in a Civil Action

U.S. Pipelining LLC v. Johnson Controls, Inc., No. 16-00132 HG-RLP, 2016 U.S. Dist. LEXIS 150767 (D. Haw. Oct. 31, 2016) This action arose out of the renovation of a condominium complex on Maui (Project). Johnson Controls, Inc. (JCI) was the general contractor … Continue reading

Posted in Licensing, Subcontract | Tagged , , , , ,

Alert to Contractors – California Court of Appeals (2d App. Dist.) Rules Subcontractor Price in Proposal Containing Material Conditions Rejected By Contractor Not Enforceable Notwithstanding Contractor Reliance

Marion T. Hack, Partner Flintco Pacific, Inc. v. TEC Management Consultants, Inc., 2016 Cal. App. LEXIS 594 (Cal. App. 2d Dist. June 21, 2016) There was an important California decision published on July 19, 2016 (decided June 21, 2016) regarding … Continue reading

Posted in Promissory Estoppel, Subcontract, Uncategorized

Pennsylvania Commonwealth Court Holds Enforceable School District’s Oral Promise to Pay Subcontractor for Returning to Job after Prime Contractor’s Termination

Zacherl, Inc. v. Flaherty Mechanical Contractors, LLC, 131 A.3d 1030, 2016 Pa. Commw. LEXIS 22 (Jan. 6, 2016) The West Allegheny School Board (the “School Board”) voted to approve the School District’s (the “District’s”) plan to renovate its high school … Continue reading

Posted in Payment dispute, Subcontract, Termination

Federal District Court in Florida Holds that Contract Provision Giving General Contractor Discretion to Apportion Damages Does Not Confer Authority to Determine That Subcontractor Caused Delay

Davis Group, Inc. v. Ace Electric, Inc., 2015 U.S. Dist. LEXIS 83368 (M.D. Fla. June 26, 2015) This action arose out of a construction project to build a new Radar Approach Control Facility at Seymour Johnson Air Force Base in … Continue reading

Posted in Delay, Subcontract

Federal Circuit Court Affirms that Federal Claims Court Lacks Jurisdiction Over Claims By Subcontractor

Montano Elec. Contractor v. United States, 2015 U.S. App. LEXIS 5928 (Fed. Cir. Apr. 13, 2015) The Army Corps of Engineers (“the Corps”) hired a general contractor, who subcontracted certain electrical work to Montano (“Subcontractor”).  When Subcontractor was not paid … Continue reading

Posted in Government Contract, Subcontract