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...]
Owner’s implied warranty of drawings and specifications under Missouri law. Penzel Construction Company, Inc., v. Jackson R-2 School District. Missouri Court of Appeals, Eastern District (2017), by Hugh Anderson
Summary: Under the Spearin doctrine, now approaching its centennial, a public owner makes an implied warranty in every construction contract that the government’s drawings and specifications are adequate for the contractor to perform the work … [Read more...]
Contractor’s right to cure before being terminated for cause. Milton Regional Sewer Authority v. Travelers Casualty and Surety Co. United States Court of Appeals for the Third Circuit (2016), by Hugh Anderson
Summary: The contractor on a public works project in Milton, Pennsylvania, struggled to perform adequately in the early stages of the work. The frustrated owner suspended the work, and in response the contractor offered in writing to correct any … [Read more...]
Does termination for convenience preclude the owner from entitlement to liquidated damages? Old Colony Construction LLC v. Town of Southington. Supreme Court of Connecticut (2015), by Hugh Anderson
Summary: A termination for convenience typically results in the contractor walking away from the project with payment for work rendered, and no concerns about further liability to the owner. The EJCDC standard termination for convenience clause does … [Read more...]
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