Tag Archives: Inc.

Virginia Supreme Court Holds That Subcontractors Did Not Waive Statute of Limitations, With The Result That The General Contractor Was Liable To Owner For Defective Work But With No Recourse Against Subcontractors Who Performed The Work

Hensel Phelps Constr. Co. v. Thompson Masonry Contractor, Inc., et. al., No. 151780, 2016 Va. LEXIS 166 (Va. Nov. 3, 2016) The dispute arose from the construction of a student health and fitness center at Virginia Tech. The prime contractor, … Continue reading

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U.S. District Court in Puerto Rico, Applying Connecticut Law, Considers Application of Notice Requirements to Termination of Joint Subcontractors

Fed. Ins. Co. v. Empresas Sabaer, Inc. 2013 U.S. Dist. LEXIS 112930 (D.P.R. Aug. 9, 2013) This action arose out of a surety’s claim for expenses incurred for correcting a subcontractor’s defective work. DTC Engineering and Constructors, LLC (“DTC”) and … Continue reading

Posted in Termination | Tagged , , , ,

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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U.S. District Court in Pennsylvania Denies GC’s Motion for Summary Judgment, Holding Issue of Fact Existed as to Whether GC’s Conduct During Settlement Discussions Waived Its Right to Rely on Claim Releases Submitted with Monthly Invoices

Lydon-Millwright, Inc. v. Ernest Bock & Sons, Inc. 2013 U.S. Dist. LEXIS 65019 (E.D. Pa. May 7, 2013) This case arises out of a construction project at the Philadelphia International Airport to install a baggage handling system. Bock was the … Continue reading

Posted in Breach of Contract | Tagged , , , , ,

U.S. District Court in Colorado Dismisses Contractor’s Negligence, Third-Party Beneficiary and Indemnity Claims, But Not Its Contribution Claim, Against Architect

Maisel v. Erickson Construction, Inc. 2012 U.S. Dist. LEXIS 108726 (D. Colo. August 3, 2012) Plaintiff contracted with Charles Cunniffe & Assoc. Architects (“CCA”) for architectural services. Plaintiff separately contracted with Erickson Construction, Inc. (“Erickson”) for construction and general contractor … Continue reading

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