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Constructlaw®

By Troutman Pepper Locke Visit the blog

624 published works

  1. Constructlaw®

    Kentucky and Ohio Courts Hold That Damages Arising From A Subcontractor’s Defective Work Are Covered Under Prime Contractor’s CGL Insurance Policy With Broad Form Endorsement

    By Constructlaw

    Grange Mutual Casualty Co. v. Robert Locker Builder, Inc.; Panzica Constr. Co. v. Ohio Ins. Casualty 1996 Ky. App. LEXIS 8 (Ky. Ct. App., Jan. 19, 1996); 1996 Ohio App.…

  2. Constructlaw®

    Federal Circuit Court of Appeals Holds Contractor Was Entitled To Rely On Soil Boring Logs and Design Features in Contract Documents, Even Though General Description of Site Stated that Boulders Were Present

    By Constructlaw

    Kit-San-Azusa v. United States, 1996 U.S. App. LEXIS 10370 (Fed. Cir. Ct. App., May 7, 1996). Government contractor's differing site conditions claim based on the discovery of unanticipated boulders during…

  3. Constructlaw®

    Missouri Court of Appeals Reverses Trial Court Decision That Subcontractor Could Claim Damages From a General Contractor Despite a "No Damages for Delay" Provision in the Subcontract Agreement

    By Constructlaw

    Roy A. Elam Masonry, Inc. v. Fru-Con Construction Corporation, 1996 Mo. App. LEXIS 481 (March 26, 1996). On November 14, 1988, the general contractor, Fru-Con Construction Corp. (Fru-Con) entered into…

  4. Constructlaw®

    Court of Appeals for Federal Circuit Holds That Government Did Not Waive Right to Terminate for Default Notwithstanding Contractor's Continued Performance After Contract Completion Date, Where Contractor Continued to Delay Not Despite Numerous Efforts by Government to Spur Completion

    By Constructlaw

    State of Florida, Department of Insurance v. The United States, 81 F.3d 1093 (U.S. App. 1996) LEXIS (Fed. Cir. 1996). The construction contract at issue in this case resulted in…

  5. Constructlaw®

    Commonwealth Court of Pennsylvania Holds Owner's Professional Malpractice Claim Against Design Professional Outside Scope of Arbitration Agreement Covering Claims Arising Out of Agreement

    By Constructlaw

    Hazleton Area School District v. Bosak, 671 A.2d 277 (Pa. Cmwlth. 1996). In this case, neither of the arbitration provisions provided in the 1988 and 1989 agreements specifically stated that…

  6. Constructlaw®

    Federal Circuit Court of Appeals Holds Public Contractor Entitled to Eichleay Overhead Damages for Government-induced Delay of Public Contract Notwithstanding That Its Forces Were Not Totally Idle During Delay

    By Constructlaw

    J.P. Altmayer v. R.W. Johnson, 79 F.3d 1129 (Fed. Cir. 1996). GSA had planned to order the carpet and trim for the office by August 1992 but did not do…

  7. Constructlaw®

    New York Court Holds General Contractor Who Delays Acceptance or Seeks to Negotiate Better Deal May Not Recover From a Subcontractor Who Fails to Perform Work On a Project for Which it Had Submitted a Bid

    By Constructlaw

    Lahr Construction Corp. (doing business as LeCesse Construction Co.) v. J. Kozel & Son, Inc., 640 N.Y.S.2d 957 (Misc 1996). This is an action brought by a general contractor against…

  8. Constructlaw®

    Court of Appeals of Maryland Holds General Contractor May Not Enforce a Subcontractor’s Bid Where There Had Been No Detrimental Reliance Nor a Contractual Relationship Formed

    By Constructlaw

    Pavel Enterprises, Inc. v. A.S. Johnson Company, Inc., 342 Md. 143; 674 A.2d 521; (1996) The National Institutes of Health (NIH) solicited bids for a renovation project. Pavel Enterprises Incorporated…

  9. Constructlaw®

    Supreme Court of Ohio Rules That Award of Lucrative Right to be Sole Provider of Solid Waste Management Services Not Subject to Competitive Bidding Law

    By Constructlaw

    Danis Clarkco Landfill Co. v. Clark County Solid Waste Mgmt. Dist., 653 N.E.2d 646, 73 Ohio St.3d 590, 1995 Ohio LEXIS 1869 (Ohio, September 6, 1995). County solid waste management…

  10. Constructlaw®

    Second Circuit Holds That Pay-When-Paid Clause Violates Public Policy Expressed in New York Lien Law

    By Constructlaw

    West-Fair Elec. Contractors v. Aetna Casualty & Surety Co., 78 F.3d 61, 1996 U.S. App. LEXIS 3912 (2d Cir. March 6, 1996). Neither general contractor nor surety could assert pay-when-paid…