Monthly Archives: November 2018

Contractor-subcontractor relationship; wrongful termination of subcontractor. Randy Kinder Excavating, Inc. v. J.A. Manning Construction Co., Inc. United States Court of Appeals, Eighth Circuit. (2018), by Hugh Anderson

Summary: Kinder was the general contractor on a $10 million Corps of Engineers pumping station project on the White River in Arkansas. Manning was Kinder’s subcontractor for construction of a mechanically stabilized earth wall (a form of retaining wall). As the U.S. Court of Appeals put it, “As with many large-scale projects, this venture was […]

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What is the exercise of discretionary authority under a statute limiting the State’s liability? Rodriguez v. Department of Transportation. Court of Appeal of California (2018), by Hugh Anderson

Summary: The State of California is not liable for injuries except as provided by statute. The Government Claims Act allows for direct liability for injuries caused by the State maintaining a dangerous condition. However, this exposure to liability is limited: the State is allowed to raise the design immunity defense. This defense gives the State […]

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Owner’s claims against design-builder’s architect regarding design-builder’s applications for payment. Auburn Hills Tax Increment Finance Authority v. Haussman Construction Company. Court of Appeals of Michigan (2018), by Hugh Anderson

Summary: Haussman Construction retained Mayotte Group, Inc., an architecture firm, to design a four-story parking structure. Somewhat afterward, Haussman entered into an “Owner-Builder” agreement with the project owner, the Auburn Hills Tax Increment Finance Authority, agreeing to “serve as general contractor for the design and construction” of the parking structure. The Owner-Builder agreement identified Mayotte […]

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May a project owner sustain a claim against design professionals retained by the contractor? Stapleton v. Barrett Crane Design & Engineering. United States Court of Appeals, Second Circuit (2018), by Hugh Anderson

Summary: Keywell, the project owner, entered into contract with Pavilion Building for the design and construction of a commercial building in western New York. Pavilion subcontracted some or all of the design to Barrett Crane Design & Engineering. After completion, Keywell brought professional negligence and breach of contract claims in Federal court against Pavilion, Barrett […]

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