Category Archives for "EJCDC"

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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Effect on a third party of a settlement agreement between the project owner and a supplier of materials. Aggregate Construction, Inc., v. Aaron Swan & Associates, Inc. Supreme Court of South Dakota (2015), by Hugh Anderson

Aggregate Construction was a supplier to highway contractors. The specifications for a South Dakota DOT project required aggregate that would meet a specific sodium sulfate soundness level. Aggregate retained Swan to test aggregate from a particular pit, and after testing Swan informed Aggregate that the material met the sodium sulfate requirement. Aggregate offered to supply […]

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Whether a company that collected field information about an electrical utility’s facilities was practicing surveying. Southeastern Reprographics, Inc., v. Bureau of Professional and Occupational Affairs. Commonwealth Court of Pennsylvania (2015), by Hugh Anderson

The Central Electric Cooperative (CEC), a rural electric distribution company, contracted with Davey Resource Group (DRG) to conduct a field inventory of all CEC equipment, including transmission, distribution, and light poles, equipment, regulators, and meters. These CEC assets were spread out over several Pennsylvania counties. DRG used maps and mapping-grade GPS and GIS technology to […]

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Engineering firm’s duty to defend project owner against a claim based on design deficiencies. Penta Corporation v. Town of Newport. Superior Court, New Hampshire (2016), by Hugh Anderson

The Town of Newport, N.H., retained AECOM to study the Town’s wastewater treatment plant, prepare drawings and specifications of upgrades, and provide construction-phase engineering services. AECOM recommended a disc filter system as part of the facility’s phosphorus treatment upgrade. Penta Corporation constructed the new upgraded plant using drawings and specifications prepared by AECOM. The upgrade […]

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What is the intended scope of services contemplated for your firm as construction manager? by Coy M. Veach, P.E., CCM

Construction Manager is a broad term that is interpreted differently, depending on the market sector, geography and local laws.  In fact, when we describe our role as construction manager, the answer is that our role is whatever our contract says it is.  This role is typically referred to as Construction Manager Agent (CMa) services.  A […]

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Ability of contractor to bring suit involving differing site conditions directly against geotechnical engineering firm, by Hugh Anderson

Issue: Ability of contractor to bring suit involving differing site conditions directly against geotechnical engineering firm. Apex Directional Drilling, LLC, v. SHN Consulting Engineers & Geologists, Inc. U.S. District Court for the Northern District of California (2015). Summary: Wastewater pipeline project for the City of Eureka, California, using horizontal directional drilling. SHN was the city’s […]

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Did the services of an engineer constitute an improvement to property, and thus entitle engineer to a construction (mechanic’s) lien? by Hugh Anderson

Issue: Did the services of an engineer constitute an improvement to property, and thus entitle engineer to a construction (mechanic’s) lien? Christopher B. Burke Engineering, Ltd., v. Heritage Bank of Central Illinois. Supreme Court of Illinois (2015). Summary: Burke Engineering was retained by a prospective developer to survey a tract of land, prepare and record […]

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Issue: Compliance with procedural requirements of performance bond, by Hugh Anderson

Issue: Compliance with procedural requirements of performance bond. Curtiss-­‐ Manes-­‐Schulte, Inc. v. Safeco Insurance Company of America. U.S. District Court for the Western District of Missouri (2015). Summary: Curtiss-­‐Manes-­‐Schulte (CMS) was the general contractor on a building project. It subcontracted HVAC work to Balkenbush Mechanical, and required Balkenbush to furnish a subcontract performance bond. Balkenbush […]

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Contractor’s Differing Site Condition claim on project with a Geotechnical Baseline Report, by Hugh Anderson

Issue: Contractor’s Differing Site Condition claim on project with a Geotechnical Baseline Report. King County v. Vinci Construction Grands Projets. Court of Appeals of Washington (2015). Summary: $200 million project that included 13 miles of tunnels for wastewater conveyance. Contract included a Geotechnical Data Report (GDR) and a Geotechnical Baseline Report (GBR). The contractor, a […]

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Bid responsiveness; correction of bid deficiency, by Hugh Anderson

Issue: Bid responsiveness; correction of bid deficiency. DeSilva Gates Construction v. Department of Transportation. Court of Appeal of California (2015). Summary: $34 million state highway contract. Under a California public bidding law that attempts to discourage bid shopping, bidders were required to submit a Subcontractor List naming subs that would provide more than 0.5% of […]

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