Tag Archives: breach of contract

Court of Federal Claim Rejects Spearin Claim and Holds Contractor Responsible for Failure to Prevent Mold Growth

James Talcott Construction, Inc. v. United States, No. 14-427 C, 2019 BL 72711, at *1 (Fed. Cl. Mar. 4, 2019) Kristopher Berr In May of 2010, the United States, acting through the Department of Defense (the “Government”) awarded a contract … Continue reading

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District Court in Wisconsin Finds That Counteroffer and Repeated Negotiations Concerning a Construction Contract Do Not Create Contractual Relationship

Skyrise Construction Group, LLC v. Annex Construction, LLC, 2019 BL 55071 (E.D. Wis. Feb. 20, 2019) John H. Conrad Subcontractor Skyrise Construction, Inc. (“Skyrise”) sued general contractor Annex Construction, Inc. (“Annex”) for breach of contract, promissory estoppel, negligent misrepresentation, and … Continue reading

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Boring Through the Details: U.S. District Court Declares Boring Company Dispute Not Covered by Insurance Policies

Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) R. Zachary Torres-Fowler On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion … Continue reading

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Federal Court Holds That Under Louisiana Law, Actual Notice of Cause of Delay Satisfies Contractual Notice Requirement Despite Failure to Strictly Comply With the Notice Provision

Parkcrest Builders, LLC v. Hous. Auth. of New Orleans, 2017 U.S. Dist. LEXIS 125012 (E.D. La. August 8, 2017) The Housing Authority of New Orleans (“the Authority”) contracted with Parkcrest Builders, LLC (“Parkcrest”) to construct a public housing project.  The … Continue reading

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You Cannot Have it Both Ways: Missouri Appellate Court Holds City Cannot Bring a Complaint for Breach of a Contract and Plead in Response to a Counterclaim That the Same Contract Is Void

City of Dardenne Prairie v. Adams Concrete & Masonry, LLC, No. ED104982, 2017 Mo. App. LEXIS 533 (Mo. Ct. App. May 30, 2017) This case arises out of a construction project in which the City of Dardenne Prairie (the “City”) … Continue reading

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