Category Archives for "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

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 is limited: the State is allowed to raise the design immunity defense. This defense gives the State […]

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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

Summary: Haussman Construction retained Mayotte Group, Inc., an architecture firm, to design a four-story parking structure. Somewhat afterward, Haussman entered into an “Owner-Builder” agreement with the project owner, the Auburn Hills Tax Increment Finance Authority, agreeing to “serve as general contractor for the design and construction” of the parking structure. The Owner-Builder agreement identified Mayotte […]

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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

Summary: Keywell, the project owner, entered into contract with Pavilion Building for the design and construction of a commercial building in western New York. Pavilion subcontracted some or all of the design to Barrett Crane Design & Engineering. After completion, Keywell brought professional negligence and breach of contract claims in Federal court against Pavilion, Barrett […]

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Issue: Property damage insurance and waiver of subrogation. Ritacca Laser Center v. Brydges. Appellate Court of Illinois, Second District (2018)., by Hugh Anderson

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 system. A few days after the new facility’s grand opening, a fire caused extensive damage. The cause of the fire […]

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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 or rebar in some places. Repairs were made and the city may or may […]

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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 different supplier, at a substantially lower unit price. MBTA was eligible to obtain fuel under […]

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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 of Care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the […]

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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 information. After the project’s contracting officer denied the claims, which totaled approximately $6.6 million, the […]

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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 size, scope, and complexity within the last five years. Framan Mechanical was the low bidder. In response to […]

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