October 22, 2019 0 Court Decisions, EJCDC Contractor’s contractual indemnification obligation to project’s architect/engineer. Valdez v. Turner Construction Co. Appellate Division of the Supreme Court of New York (2019), by Hugh Anderson Read More
October 18, 2019 0 Court Decisions, EJCDC Engineering firm’s exposure to liability to low bidder that did not receive the award of contract. John Rocchio Corp. v. Pare Engineering. Supreme Court of Rhode Island (2019), by Hugh Anderson Read More
October 16, 2019 0 EJCDC, Court Decisions Application of the statute of repose to breach of contract claims. New Riegel Local School District Board of Education v. The Buehrer Group Architecture & Engineering, Inc. Supreme Court of Ohio (2019). by Hugh Anderson Read More
October 15, 2019 0 EJCDC, Court Decisions Engineering firm’s compliance with FEMA flood standards as a defense to subsequent negligence claims. Alexander v. The Woodlands Land Development Company. United States District Court for the Southern District of Texas (2018). by Hugh Anderson Read More
October 15, 2019 0 Court Decisions, EJCDC Does the design/construction statute of repose protect an engineering firm that conducted an inspection of a newly built structure for a prospective purchaser? Manney v. MBV Engineering, Inc. District Court of Appeal, Florida (2019), by Hugh Anderson Read More
June 20, 2019 0 Court Decisions, EJCDC Duty owed by engineer-inspectors to negligent design-builder. W.C. English, Inc. v. Rummel, Klepper & Kahl, LLP. United States District Court, Western District of Virginia (2018), by Hugh Anderson Read More
June 20, 2019 0 Court Decisions, EJCDC Categorization of construction repair costs as consequential or general damages. Keystone Airpark Authority v. Pipeline Contractors, Inc. Court of Appeal of Florida (2019), by Hugh Anderson Read More
June 20, 2019 0 Court Decisions, EJCDC Does an indemnification agreement apply only to third-party claims? International Fidelity Insurance Co. v. Americaribe-Moriarty JV. United States Court of Appeals, 11th Circuit (2018), by Hugh Anderson Read More
June 20, 2019 0 EJCDC, Court Decisions Surety’s entitlement to recover costs under general indemnity agreements with contractor and contractor’s owners. Arch Insurance Company v. Centerplan Construction Company, LLC. United States District Court, District of Connecticut (2019), by Hugh Anderson Read More
March 21, 2019 0 EJCDC Does the Spearin Doctrine apply in a design-build setting? United States for the Use and Benefit of Bonita Pipeline, Inc. v. Balfour Beatty Construction, LLC. United States District Court, Southern District of California. (2017), by Hugh Anderson Read More
March 21, 2019 0 EJCDC Enforceability of clause stating that engineer has no duty to contractor. Domson, Inc. v. Kadrmas Lee and Jackson, Inc. Supreme Court of South Dakota (2018), by Hugh Anderson Read More
February 20, 2019 0 EJCDC, Court Decisions Conflict of interest because of participation in peer review. In the Matter of HBI-GF, J.V. United States Government Accountability Office (2017), by Hugh Anderson Read More
February 20, 2019 0 Court Decisions, EJCDC Entitlement to arbitration under design agreement. Thomas Zimmer Builders LLC v. Kurt E. Roots and Monika Roots. Court of Appeals of Wisconsin (2018), by Hugh Anderson Read More
February 20, 2019 0 Court Decisions, EJCDC Is an aggregate analysis a professional service that triggers the application of a certificate of merit requirement? Ronald R. Wagner & Co. LP v. Apex Geoscience Inc. Texas Court of Appeals (2018), by Hugh Anderson Read More
February 20, 2019 0 Court Decisions, EJCDC Did the payment bond issued for a design-build project provide protection to an engineering subcontractor? Aztec Engineering Group, Inc. v. Liberty Mutual Insurance Company. United States District Court, Southern District of Indiana (2017), by Hugh Anderson. Read More
November 2, 2018 0 Court Decisions, EJCDC 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 Read More
November 2, 2018 0 Court Decisions, EJCDC 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 Read More
November 2, 2018 0 Court Decisions, EJCDC 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 Read More
November 2, 2018 0 Court Decisions, EJCDC 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 Read More
July 12, 2018 0 Court Decisions, EJCDC Issue: Property damage insurance and waiver of subrogation. Ritacca Laser Center v. Brydges. Appellate Court of Illinois, Second District (2018)., by Hugh Anderson Read More
July 12, 2018 0 Court Decisions, EJCDC Issue: Termination of construction contract three years after completion. S.J. Louis v. City of Austin. Texas (2018). by Hugh Anderson Read More
July 12, 2018 0 Court Decisions, EJCDC Issue: May a public owner terminate a contract for convenience, solely to obtain a better price from another supplier? A.L. Prime Energy Consultant, Inc. v. Massachusetts Bay Transportation Authority. Supreme Judicial Court of Massachusetts (2018). by Hugh Anderson Read More
May 28, 2018 0 EJCDC, Legislation Wyoming, Nevada Ink Mobility Agreement, by Arthur Schwartz Read More
April 24, 2018 0 EJCDC, Court Decisions Standard of Care and the Spearin Doctrine, by Kevin O’Beirne Read More