Tag Archives: subcontractor

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 , , , , ,

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 , , , ,

U.S. District Court in Michigan Denies Performance Bond Claim for Contractor’s Failure to Meet Conditions Precedent – Also Holds that Surety May Proceed with Overpayment Defense and Counterclaim

Lasalle Group, Inc. v. JST Properties, LLC 2011 U.S. Dist. LEXIS 83548 (S.D. Mich. July 29, 2011) LaSalle, as general contractor, obtained a contract for construction of a school building in Gulfport, Mississippi. LaSalle subcontracted the concrete work on the … Continue reading

Posted in Payment bond, Subcontract | Tagged , , , ,

Indiana Court Holds Subcontractor Subject to Prime Contract Claim Notice Requirement via Flow-Down Provision – Its Claims Were Presented Too Late

Weigand Construction Co., Inc. v. Stephens Fabrication, Inc. 2010 Ind. App. LEXIS 1109 (Ind. Ct. App. June 25, 2010) Ball State University (BSU) contracted with Weigand Construction Co. (“Weigand) to act as the general contractor for its Music Instruction Building … Continue reading

Posted in Payment dispute, Subcontract | Tagged , , , ,

U.S. Court of Appeals for 9th Circuit Holds Release in Defect Case Does Not Bar Claims for Indemnity in Delay / Disruption Case

Turnberry Pavillon Partners, L.P. v. M.J. Dean Construction, Inc. 2010 U.S. App. Lexis 9832 (9th Cir. May 13, 2010) Developer built a luxury condominium tower and hired contractor to serve as both the construction manager and concrete subcontractor. A separate … Continue reading

Posted in Negligence, Subcontract | Tagged , , , ,