Tag Archives: breach of contract

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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Federal Court in Pennsylvania Analyzes Which Types of Damage are Barred by Contractual Waiver of Consequential Damages

Jay Jala, LLC v. DDG Construction, Inc., No. 15-3948, 2016 US Dist. LEXIS 150969 (E.D. Pa. Nov. 1, 2016) Jay Jala, LLC was the owner of a motel construction project in Allentown, Pennsylvania. DDG Construction, Inc. was the contractor.  The … Continue reading

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Court of Federal Claims Holds Contract Term Prescribing Adjustment for Variances Does Not Bar Claim for Breach of Contract Based on Negligent Estimates

Ravens Group, Inc. v. United States 2013 U.S. Claims LEXIS 979 (Fed. Cl. 2013) This action arose out of a contractor’s claim for additional compensation for unanticipated work. The U.S. Army (the “Government”) solicited private contractors to provide the maintenance … Continue reading

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Oregon Court of Appeals Holds General Contractor Cannot Offset Costs of Repairing Subcontractor’s Defective Work After Subcontractor Is Terminated “For Convenience” Without an Opportunity to Cure

Shelter Prods. v. Steelwood Constr., Inc. 307 P.3d 449 (Or. Ct. App. 2013) This action arose from a payment dispute between a general contractor, Catamount Constructors, Inc. (“Catamount”), and one of its subcontractors, Steelwood Construction, Inc. (“Steelwood”). Catamount contracted with … Continue reading

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Texas Appeals Court Reverses Jury Verdict for Owner, Holding Owner’s Repair of Allegedly Defective Expansion Joint Without Allowing Contractor to Inspect for Conformity to Design Constituted Spoliation

Miner Dederick Constr., LLP v. Gulf Chemical & Metallurgical Corp. 2013 Tex. App. LEXIS 4589 (Tex. App. April 11, 2013) Gulf Chemical & Metallurgical Corporation (“Gulf”) hired Miner Dederick Construction, LLP (“Miner”) in May 2005 to construct an addition to … Continue reading

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