March 22, 2021 0 EJCDC When does the six-year statute of repose begin to run for a 28-building condominium project? D’Allesandro v. Lennar Hingham Holdings, LLC. Supreme Judicial Court of Massachusetts (2020). Read More
February 22, 2021 0 Court Decisions, EJCDC Enforceability of pay-if-paid clauses under Nevada law. APCO Construction, Inc. v. Zitting Brothers Construction, Inc. Supreme Court of Nevada (2020). by Hugh Anderson Read More
February 22, 2021 0 Court Decisions, EJCDC Did a subcontractor’s commercial general liability insurer have a duty to defend the project owner and construction manager in an injury lawsuit by the subcontractor’s employee? Scottsdale Insurance Company v. Columbia Insurance Group, Inc. United States Court of Appeals for the Seventh Circuit (2020). by Hugh Anderson Read More
February 22, 2021 0 Court Decisions, EJCDC Applicability of state building codes to a project undertaken by a bi-state commission created under the U.S. Constitution’s Compact Clause. Delaware River Joint Toll Bridge Commission v. Secretary, Pennsylvania Department of Labor and Industry. United States Court of Appeals for the Third Circuit (2021). by Hugh Anderson Read More
December 15, 2020 0 EJCDC Sealing and Signing Divisions 00 and 01, Is it Architecture or Engineering?, by Kevin O’Beirne Read More
November 23, 2020 0 Court Decisions, EJCDC Specifying Practices Coordinated is the Fifth “C”, by Kevin O’Beirne Read More
November 23, 2020 0 Court Decisions, EJCDC Applicability of statute that prohibits the contractual elimination of tort liability, to a contract clause waiving the right to subrogation. Rural Mutual Insurance Co. v. Lester Buildings, LLC. Supreme Court of Wisconsin (2019), by Hugh Anderson Read More
November 23, 2020 0 Court Decisions, EJCDC Project owner’s liability for delays arising from design review comments that deviated from the contractually-established design process. Appeals of RBC Construction Corp. Armed Services Board of Contract Appeals (2020), by Hugh Anderson Read More
November 23, 2020 0 Court Decisions, EJCDC Timeliness of construction defect claims—commencement of California’s 10 year statutory repose period. Hensel Phelps Construction Co. v. Superior Court. Court of Appeals of California (2020).by Hugh Anderson Read More
October 22, 2020 0 EJCDC Contractor Incentives, The Carrot vs. the Stick, by Kevin O’Beirne Read More
September 22, 2020 0 EJCDC Did the construction contractor encounter a differing site condition? W.M. Schultz Construction Inc. v. Vermont Agency of Transportation. Supreme Court of Vermont (2018), by Hugh Anderson Read More
September 22, 2020 0 EJCDC Engineer’s duty to warn contractor of dangerous roof conditions. Waltman v. Engineering Plus, Inc. Supreme Court of Mississippi (2019), by Hugh Anderson Read More
June 22, 2020 0 Court Decisions, EJCDC General contractor’s responsibility for safety of subcontractor’s employee. Foley v. Builtech Construction, Inc. Appellate Court of Illinois (2019), by Hugh Anderson Read More
June 22, 2020 0 Court Decisions, EJCDC Issue: Impact of a pay-when-paid clause in the context of subcontractor’s payment bond claim. Crosno Construction, Inc. v. Travelers Casualty and Surety Company of America. Court of Appeal, California (2020), by Hugh Anderson Read More
June 22, 2020 0 Court Decisions, EJCDC Calculation of the deductible under a builder’s risk insurance policy. McDonnel Group, LLC v. Starr Surplus Lines Insurance Company, United States District Court for the Eastern District of Louisiana (2020), by Hugh Anderson Read More
February 19, 2020 0 EJCDC Construction Manager as Constructor project delivery method, by Hugh Anderson Read More
February 19, 2020 0 Court Decisions, EJCDC Construction contractor’s lien rights after sending owner multiple conflicting and unsubstantiated invoices. Olmstead Construction, Inc. v. Otter Creek Investments, Inc. Court of Appeals of Iowa (2019), by Hugh Anderson Read More
February 19, 2020 0 Court Decisions, EJCDC Contractor’s entitlement to additional compensation for remedying defects that the Owner had ignored during initial performance of the work. Appeal of Buck Town Contractors & Co. Armed Services Board of Contract Appeals (2019), by Hugh Anderson Read More
February 19, 2020 0 EJCDC, Court Decisions Design-builder’s right to sue the owner’s consulting engineer for deficiencies in the bridging documents that engineer prepared, on a third-party beneficiary basis. Arco Ingenieros v. CDM International, Inc. United States District Court for the District of Massachusetts (2019), by Hugh Anderson Read More
February 19, 2020 0 Court Decisions, EJCDC Contractor’s entitlement to interest and attorneys’ fees under a broad indemnification clause in a subcontract. Skanska USA Building, Inc. v. J.D. Long Masonry, Inc. United States District Court for the District of Maryland (2019), by Hugh Anderson Read More
February 19, 2020 0 Court Decisions, EJCDC Enforceability of a state statute barring cities from imposing residency requirements on contractors’ employees. City of Cleveland v. The State of Ohio. Supreme Court of Ohio (2019), by Hugh Anderson Read More
February 19, 2020 0 Court Decisions, EJCDC Project architect’s duty of care to construction contractor. Uddin v. Singer Architects, Inc. District Court of Appeal, Florida (2019), by Hugh Anderson Read More
October 22, 2019 0 Court Decisions, EJCDC Insurance company’s duty to defend and indemnify contractor against owner’s breach of contract claim. Crum & Forster Specialty Insurance Co. v. GHD Inc. United States Court of Appeals for the Seventh Circuit (2019), by Hugh Anderson Read More
October 22, 2019 0 Court Decisions, EJCDC Interpretation of ambiguous drywall finishing specifications. Appeal of KiewitPhelps. Armed Services Board of Contract Appeals (2019), by Hugh Anderson Read More