Construction Law Review is an update and discussion of current trends in construction law, published by attorneys at Pepper Hamilton LLP with offices in Philadelphia, New York, Boston, Washington DC, Pittsburgh, Princeton, Wilmington, Silicon Valley, Orange County, Los Angeles, Harrisburg, Detroit, and Berwyn.
A Texas appellate court recently found that an out-of-state Oklahoma-based limited liability company was not subject to personal jurisdiction in Texas for alleged misappropriation of trade secrets claims.
This construction dispute involved rights and obligations under a performance bond supplied for an office building construction project in Denver, Colorado. Whiting-Turner Contracting Company was the general contractor, and it subcontracted Klempco Construction to construct an anchor system for the project’s underground parking garage. Klempco provided performance and payment bonds for the project from Guarantee Company of North America USA (“GCNA”). When Klempco fell behind schedule, it stopped paying its sub-subcontractors and directed Whiting-Turner to assume responsibility for its work and sub-subcontractors.
Columbia Gas Transmission, LLC (“Columbia”) operated a high-pressure gas pipeline. A portion of pipeline crossed land for which Ohio Valley Coal Company (“OVC”) and Consolidated Land Company (“Consolidated”) held interest rights in the underlying coal. Columbia undertook measures to protect its pipeline from subsidence damage that OVC’s subterranean coal mining was certain to cause. An Ohio appellate court held that OVC and Consolidated were liable to Columbia for those preventative measures.