Monthly Archives: February 2017

Issue: Is a contractor’s deliberate decision to install flooring, despite knowing that the underlying slab was still emitting a high level of moisture, an “occurrence” that is covered under a commercial general liability insurance policy? Navigators Specialty Insurance Company v. Moorefield Construction, Inc. Court of Appeal of California, Fourth Appellate District (2016), by Hugh Anderson

Summary: Construction of a Best Buy store in Visalia, California. Based on test results, the contractor, Moorefield, knew that the concrete floor was emitting high amounts of moisture at the time that vinyl and carpet floor tiles were ready to be installed. The specifications did not allow such installation to occur until the moisture levels […]

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Issue: Contractual allocation of risk regarding underground facilities. J.F. Allen Corporation v. Sanitary Board of City of Charleston, West Virginia. Supreme Court of Appeals of West Virginia (2016), by Hugh Anderson

Summary: $5 million municipal sewer project. J.F. Allen, the contractor, brought a breach of contract claim against the owner, alleging that during construction the contractor encountered 122 unmarked or mismarked underground  utilities, resulting in delay and additional costs, and also contending that the owner allowed other contractors to conduct work that interfered with Allen’s work. […]

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Issue: Contractor’s obligation to comply with recommendations in a geotechnical report, and entitlement to rely on a change order issued in response to a request for clarification. Maines Paper & Food Service, Inc. v. The Pike Co., Inc. Appellate Division, Third Department, New York (2016), by Hugh Anderson

Summary: The contractor, The Pike Co., constructed a supermarket in Ithaca, New York. After completion the floor of the new building settled substantially. The owner, Maines, sued the contractor for breach of contract and breach of warranty. The owner had provided a copy of the geotechnical report for the project to the contractor. The report […]

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Issue: Enforceability of liquidated damages of $700/day. Boone Coleman Construction, Inc., v. Village of Piketon, Ohio. Supreme Court of Ohio (2016), by Hugh Anderson

Summary: The EJCDC case summary of February 2015 reviewed the Ohio Court of Appeals decision in this case, noting that the case had been appealed to the Ohio Supreme Court. The 2016 decision of the Ohio Supreme Court reverses the Court of Appeals decision. The case arises from a modest public works project for construction […]

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