Summary: A medical facility, Ritacca Laser Center, entered into a design-build contract to remodel a basement space into a surgical suite. The design-build contractor retained O’Hare Engineering for design and installation of the building’s HVAC … [Read more...]
Issue: Termination of construction contract three years after completion. S.J. Louis v. City of Austin. Texas (2018). by Hugh Anderson
Summary: This is a pending case that has not yet reached the appellate stage, but bears monitoring. The case arises from a $161 million flood control tunnel project. The contractor allegedly used shoddy concrete and failed to install a tunnel liner … [Read more...]
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
Summary: The MBTA entered into a contract with Prime Energy for the supply of diesel fuel. After the contract was under way, MBTA learned that another Massachusetts state agency had entered into a statewide diesel fuel supply contract with a … [Read more...]
Standard of Care and the Spearin Doctrine, by Kevin O’Beirne
EJCDC’s documents apply a Standard of Care to all professional services performed by or for the Engineer. Standard of Care is defined in EJCDC® E-500, Agreement between Owner and Engineer for Professional Services (2014) as follows: The Standard … [Read more...]
Dismissal of differing site conditions claim on federal dam project. ASI Constructors, Inc., v. United States of America. United States Court of Federal Claims (2016), by Hugh Anderson
Summary: The contractor on a project to modify and improve the Canton Lake Dam in Oklahoma claimed that it had encountered site conditions that differed from those shown in the contract documents, and that the Corps had withheld relevant site … [Read more...]
Owner’s entitlement to reject bid as non-responsive based on bidder’s failure to cite a prior successful project of similar size, scope, and complexity. Matter of Framan Mechanical, Inc. v. State University Construction Fund. New York Appellate Division (2017), by Hugh Anderson
Summary: The State University Construction Fund sought bids for an HVAC upgrade project at the SUNY Downstate Medical Campus. The instructions to bidders required that each bidder demonstrate that it had successfully completed a project of similar … [Read more...]
Enforcement of limitation of liability clause in geotechnical engineering contract. Taylor Morrison of Colorado, Inc., v. Terracon Consultants, Inc. Court of Appeals of Colorado (2017), by Hugh Anderson
Summary: A residential developer, Taylor Morrison, retained Terracon Consultants to provide geotechnical engineering and testing services with respect to a new subdivision. In particular, Terracon was responsible for testing the soil for compliance … [Read more...]
Curtis Engineering Corp. v. Superior Court of San Diego County – Protection Against Frivolous Lawsuits, by Arthur Schwartz
California design professionals received some legal assurances from a state appeals court ruling in November that backed a longstanding protection against frivolous lawsuits. The case specifically addresses certificates of merit in negligence … [Read more...]
Owner’s entitlement to reject bid as non-responsive based on bidder’s failure to cite a prior successful project of similar size, scope, and complexity. Matter of Framan Mechanical, Inc. v. State University Construction Fund. New York Appellate Division (2017), by Hugh Anderson
Summary: The State University Construction Fund sought bids for an HVAC upgrade project at the SUNY Downstate Medical Campus. The instructions to bidders required that each bidder demonstrate that it had successfully completed a project of similar … [Read more...]
Enforcement of limitation of liability clause in geotechnical engineering contract. Taylor Morrison of Colorado, Inc., v. Terracon Consultants, Inc. Court of Appeals of Colorado (2017), by Hugh Anderson
Summary: A residential developer, Taylor Morrison, retained Terracon Consultants to provide geotechnical engineering and testing services with respect to a new subdivision. In particular, Terracon was responsible for testing the soil for compliance … [Read more...]
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