Summary: W.C. English was the design-builder on a Virginia Department of Transportation highway bridge project. English’s primary design engineer, AECOM, prepared a design calling for slab runners—a form of steel reinforcement—2.5 inches in height. … [Read more...]
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
Summary: Keystone Airpark is an airport in northern Florida, between Gainesville and Jacksonville. The airport engaged a contractor to construct airplane hangars and taxiways. The contractor reportedly used substandard materials for stabilization … [Read more...]
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
Summary: Americaribe-Moriarty was the general contractor on a building project in Miami. CPM was a swimming pool subcontractor. The subcontract did not include a prevailing-party attorneys’ fees clause. The Subcontract’s general indemnity clause, … [Read more...]
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
Summary: Arch Insurance issued performance and payment bonds on numerous projects conducted by Centerplan Construction. The primary project at issue in this case is construction of a minor league baseball stadium in Hartford, Connecticut. The stadium … [Read more...]
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
Summary: In March 2016, the Corps of Engineers retained Gannett Fleming to conduct an external peer review of the design of a six-mile cutoff wall project at the Herbert Hoover Dike embankment, at Lake Okeechobee, Florida. Gannett Fleming’s … [Read more...]
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
Summary: In a residential construction dispute between contractor and homeowners, the homeowners (the Rootses) brought a third-party claim against architect Mark Udvari-Solner. Udvari-Solner moved to compel arbitration, based on the arbitration … [Read more...]
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
Summary: Wagner was the construction contractor on a paving project. The Texas DOT (TXDOT) specifications required the contractor to provide aggregate meeting stated characteristics. During the bidding phase, Wagner had relied on a report, issued by … [Read more...]
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.
Summary: Aztec Engineering Group provided design services for the upgrade of 21 miles of state highway near Bloomington, Indiana, under a professional services subcontract with design-builder Isolux-Corson. Isolux-Corson’s work was in turn part of a … [Read more...]
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
Summary: Kinder was the general contractor on a $10 million Corps of Engineers pumping station project on the White River in Arkansas. Manning was Kinder’s subcontractor for construction of a mechanically stabilized earth wall (a form of retaining … [Read more...]
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
Summary: The State of California is not liable for injuries except as provided by statute. The Government Claims Act allows for direct liability for injuries caused by the State maintaining a dangerous condition. However, this exposure to liability … [Read more...]
- 1
- 2
- 3
- …
- 6
- Next Page »