EJCDC’s Supporting Organization sends Letter to U.S. Office of Personnel Management on Professional Engineering, by Arthur Schwartz

In a May 9, 2017, letter, EJCDC’s sponsoring organization, NSPE, urged the department to revise its individual occupational requirements for all “Professional Engineering Positions, 0800.” OPM’s use of the term “professional engineering” to define positions that are not professional engineering positions creates substantial confusion about job scope and responsibilities. NSPE, therefore, urges OPM to stop […]

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EJCDC’s Supporting Organization Resist Inflammatory Occupational Licensure Bill, by Arthur Schwartz

EJCDC’s sponsoring organization, NSPE, and the Nevada Society of Professional Engineers beat back legislation (A.B. 353) that would erode occupational licensure in the state. In an April 11, 2017 letter to the Nevada Assembly Committee on Commerce and Labor, NSPE President Kodi Jean Verhalen, P.E., Esq., F.NSPE, and NSPE-NV President Craig Sisco, P.E., emphasized the […]

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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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Is a general contractor an innocent “seller” of building materials entitled to protection under the Texas Products Liability Act? Centerpoint Builders GP, LLC v. Trussway, Ltd. Supreme Court of Texas (2016), by Hugh Anderson

Centerpoint was the general contractor on an apartment building project. Centerpoint purchased roof trusses directly from the manufacturer, Trussway. During construction a truss had been set in place but not yet installed. A worker retained by a subcontractor crossed the truss carrying gypsum wallboard. The truss broke, and the worker was rendered a paraplegic by […]

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Whether a subcontractor is bound by a price proposal submitted to a general contractor, in a situation in which negotiations regarding price and subcontract terms take place after the proposal is submitted. C.G. Schmidt, Inc., v. Permasteelisa North America. United States Court of Appeals, Seventh Circuit (2016), by Hugh Anderson

C.G. Schmidt (CGS) was a candidate to be the general contractor on an 18-story office building project in Milwaukee. CGS’s initial proposal to the owner was based in part on a $12 million sub-bid for the building’s curtain wall, by Permasteelisa North America (PNA). CGS and PNA refrained from entering  into a subcontract while CGS […]

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What is the duration of a payment bond? Maschmeyer Concrete Company of Florida v. American Southern Insurance Company. United States District Court, Middle District, Florida (2016), by Hugh Anderson

The City of Orlando solicited bids for concrete repair and construction. The initial term of the contract was one year, but the City could renew the contract for additional terms up to five years total. The contractor was required to provide a payment bond. The payment bond that the contractor furnished contained an express warning […]

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