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Constructlaw®
By Troutman Pepper Locke Visit the blog
624 published works
Constructlaw®
Material Supplier Recovers on Payment Bond Despite Receiving Assignment from General Contractor
By Constructlaw
H. Verby Co., Inc. v. United States Fire Ins. Co., 1996 E.S. Dist. LEXIS 3056 (March 13, 1996) (U.S.D.C., S.D.N.Y.). A material supplier was entitled to recover on the general…
Constructlaw®
Georgia Court of Appeals Rules That a "Building" is not a "Product" Under CGL Insurance Policy
By Constructlaw
Stratton & Co., Inc. v. Argonaut Ins. Co., 1996 Ga. App. LEXIS 303 (Ga. Ct. App., March 14, 1996). Provision in the standard form of comprehensive general liability insurance policy…
Constructlaw®
The North Carolina Court of Appeals Upholds Multi-million Dollar Verdict Allowing Subcontractor to Recover Sub-subcontractor’s Losses
By Constructlaw
Metric Constructors, Inc. v. Hawker Siddeley Power Engineering, Inc. and Panda Rosemary Corp., 468 S.E. 2d 435 (N.C. Ct. App. 1996). Defendant Hawker Siddeley Power Engineering, Inc. (HSPE) was the…
Constructlaw®
Minnesota Court of Appeals Affirms Summary Judgment rulings that the assertion of a right to liquidated damages was a "claim" under a contract and therefore governed under the time limits for asserting claims; and, an owner waived its right to enforce completion date by requesting changes in the construction after the scheduled completion date had passed
By Constructlaw
A. Hedenberg & Co., Inc., v. St. Luke's Hospital of Deluth, 1996 Minn. App. LEXIS p. 379 (Minn. Ct. App. April 2, 1996) In July 1992, St. Luke's Hospital of…
Constructlaw®
Georgia Appeals Court Holds Contractor’s Delay Claim Barred by Exculpatory Clause and Failure to Provide Timely Notice
By Constructlaw
Holloway Constr. Co. v. Department of Transportation 218 Ga. App. 243, 461 S.E. 2d 257, 1995 Ga. App. LEXIS 693 (July 13, 1995). One of several multiple prime contractors was…
Constructlaw®
New York District Court Upholds Termination of Subcontractor for Davis-Bacon Act Violations; Subcontractor's Claim for Quantum Meruit Reimbursement Rejected
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United States ex rel. Tower Masonry, Inc. v. J. Kokolakis Contracting, Inc., 1995 U.S. Dist. LEXIS 13024, 90 Cont. Cas. Fed. [CCH] [[paragraph]] 76,843 (S.D.N.Y., Sept. 8, 1995). Prime contractor…
Constructlaw®
Connecticut Court Holds Prime Contractor not Required to Utilize Subcontractor Listed in Its Bid, Where It was Unaware of Bid Exclusions Later Presented by Subcontractor
By Constructlaw
Harvey Robbin Co. v. Cristwood Contracting, Inc., 1995 Conn. Super. LEXIS 2633 (Conn. Super. Ct., Sept. 13, 1995). Statute requiring bidder for public contract to list subcontractors did not require…
Constructlaw®
Washington Appeals Court Holds Contract to Furnish and Install Dehumidification System for Pool Subject to the Uniform Commercial Code
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Tacoma Athletic Club, Inc. v. Indoor Comfort Systems, Inc., 79 Wash. App. 250, 902 P.2d 175, 1995 Wash. App. LEXIS 406 (Sept. 14, 1995). In breach of warranty action brought…
Constructlaw®
Ohio Appeals Court Upholds Owner's Refusal to Arbitrate
By Constructlaw
Cleveland Jet Center, Inc. v. Structural Sales Corp., 1995 Ohio App. LEXIS 4113 (Ohio Ct. App., Sept. 22, 1995). Utilization of AIA Document A111, Standard Form of Agreement Between Owner…
Constructlaw®
Second Circuit Court of Appeals Reverses Multi-million Dollar Verdict for Delay Damages on Basis of Erroneous Submission of Question of Contract Interpretation to Jury
By Constructlaw
Morse/Diesel, Inc. v. Trinity Industries, Inc.; Mosher Steel Co., and Aetna Insurance Co., 67 F.3d 435, 1995 U.S. App. LEXIS 27614 (2d Cir. Sept. 26, 1995). Contract provision authorizing compensation…