Category Archives: Uncategorized

No Negligence? No Causation? No Problem. Arizona Appellate Court Holds General Contractor Need Not Prove Subcontractor’s Negligence or Causation To Be Indemnified

Amberwood Dev., Inc. v. Swann’s Grading, Inc., No. 1 CA-CV 15-0786, 2017 Ariz. App. Unpub. LEXIS 207 (Ct. App. Feb. 23, 2017) This case arose out of a housing development project, with Amberwood Development Inc. (“Amberwood”) acting as the general … Continue reading

Posted in Indemnity, Uncategorized | Tagged , , , , , , ,

Supreme Court of California Holds That a Losing Bidder on a Public Works Contract Cannot Sue the Winning Bidder for Intentional Interference with Prospective Economic Advantage

Roy Allan Slurry Seal, Inc. v. American Asphalt South, Inc., 2017 Cal. LEXIS 1024 (Cal. February 16, 2017) This tort lawsuit relates to a dispute over the bidding process on several public works contracts in California. Between 2009 and 2012, … Continue reading

Posted in Competetive Bidding, Uncategorized | Tagged , ,

New York Court of Appeals Holds That Tower Crane Damaged By Superstorm Sandy Is Not Covered by Project’s Builder’s Risk Insurance Program

Lend Lease (US) Constr. LMB Inc. v. Zurich Am. Ins. Co., No. 11, 2017 N.Y. LEXIS 112 (N.Y. Feb. 14, 2017) Early, in its opinion, the New York Court of Appeals noted that “[o]ne of the most dramatic images of … Continue reading

Posted in Insurance, Uncategorized | Tagged , , ,

Federal Court in Alabama Rules that 1999 Amendment to the Miller Act Does Not Preclude Arbitration of Underlying Claims

United States v. Int’l Fid. Ins. Co., No. 16-0472-WS-C, 2017 U.S. Dist. LEXIS 16791 (S.D. Ala. Feb. 7, 2017) This action arose out of a payment dispute between Bay South Limited, Inc. (“Bay South”) and Stephens Construction & Concrete, Inc. … Continue reading

Posted in Miller Act, Uncategorized | Tagged , , ,

Montana Supreme Court Rules That Statute of Repose Is an Absolute Bar to Claims and Cannot be Tolled for Any Reason, Including Concealment

Hill County High School District No. A v. Dick Anderson Construction, Inc., 2017 Mont. LEXIS 38 (Mt. Feb 7, 2017) This action arose out of the design and construction of a new roof for a high school in Hill County, … Continue reading

Posted in statute of repose, Uncategorized | Tagged , , , , ,