Blog
Constructlaw®
By Troutman Pepper Locke Visit the blog
624 published works
Constructlaw®
New York District Court confirms arbitration award; reference to American Arbitration Assoc. Rules renders award binding notwithstanding redaction of subcontract provision for binding award.
By Constructlaw
St. Lawrence Explosives v. Worthy Bros. Pipeline, 916 F.Supp. 187 (N.D.N.Y. 1996) The Petitioner, St Lawrence, requested confirmation and judgment to be entered upon an arbitration award in favor of…
Constructlaw®
Ohio Court of Appeals reverses summary judgment; question of material fact existed as to whether Owner could enforce no-damage-for delay clause against Contractor.
By Constructlaw
Cleveland Constr., Inc. v. Reynoldsburg City Schools, 1996 Ohio App. LEXIS 2751 (June 28, 1996) No-damage-for-delay clause in contract is not enforceable if the extent and magnitude of the delay…
Constructlaw®
United States Court of Appeals for the Fourth Circuit Holds Recovery on Contractor’s Claim for Wrongful Termination Limited by Provisions of Termination for Convenience Clause; Contractor’s Suit Dismissed Because Claim Was Subject to Contractually Prescribed Disputes Procedures
By Constructlaw
Hancock Electronics Corp. v. Washington Metropolitan Area Transit Authority, 81 F.3d 451 (4th Cir. 1996). In the spring of 1994, the Washington Metropolitan Area Transit Authority ("WMATA") awarded Hancock Electronics…
Constructlaw®
Supreme Court of Virginia Decides Issues Relating to Arbitrability and Res Judicata Effect of Arbitration Awards
By Constructlaw
Waterfront Marine Construction, Inc. v. North End 49ers Sandbridge Bulkhead Groups A, B and C, 251 Va. 417; 468 S.E.2d; 1996 Va. In 1988, the North End 49ers Sandbridge Bulkhead…
Constructlaw®
District of Columbia Court of Appeals Holds Prime Contractor Cannot Rely on "Pay-if-paid" Clause If it Fails to Protect Subcontractor’s Interest in Settlement with General Contractor
By Constructlaw
Urban Masonry Corporation, Appellant, N&N Contractors, Inc., Appellee, 676 A.2d 26 (D.C. App. 1996) In November 1990, Urban Masonry Corporation (Urban) subcontracted with N&N Contractors, Inc., (N&N) to install concrete…
Constructlaw®
Federal Claims Court Holds That A Variance In Estimated Quantities Clause Affords A Contractor Relief Only To The Extent That The Contractor Can Prove An Increase In Unit Costs Due Solely To Increased Quantities
By Constructlaw
ThermoCor, Inc. v. United States, 1996 U.S. Claims LEXIS 68 (Cl. Ct. 1996). On October 16, 1989, the United States Army Corps of Engineers ("Corps") awarded ThermoCor, Inc. ("ThermoCor") a…
Constructlaw®
Federal Claims Court Holds Contractor Required to Proceed with Disputed Corrective Work under Disputes Clause; Contractor Not Entitled to Advance Judicial Determination of Propriety of Directive under Federal Courts Administration Act of 1992
By Constructlaw
Valley View Enterprises, Inc. v. United States, 35 Fed. Cl. 378 (1996). On September 22,1992, the Department of the Army awarded plaintiff Valley View Enterprises, Inc. ("Valley View") a contract…
Constructlaw®
Appellate Court of Illinois Holds Engineer's Decision Is Reviewable in Cases of Clear Mistake Notwithstanding Provision That Engineer's Decision is Final
By Constructlaw
R.W. Dunteman Company v. The Village of Lombard, 1996 Ill. App. LEXIS 375. R.W. Dunteman Co. (Dunteman), entered into a construction contract with the Village of Lombard (Village), including the…
Constructlaw®
Texas Court Holds That Subcontractor Has No Independent Tort Cause Of Action For General Contractor’s Breach of Duty of Good Faith And Fair Dealing
By Constructlaw
Electro Assocs., Inc. v. Harrop Constr. Co., Inc., 908 S.W.2d 21 1995 Tex. App. LEXIS 1968 (Tex. Ct. App. August 24, 1995). Because the contractor-subcontractor relationship is not a "special…
Constructlaw®
Georgia Court Reverses Summary Judgment Against Contractor On Delay Damage Claim
By Constructlaw
APAC-Georgia, Inc. v. Department of Transportation, 1996 Ga. App. LEXIS 503 (Ga. Ct. App. May 13, 1996). Contract provision requiring notice for claims based on extra work did not require…