Court Decisions

Please note:  Newer Court Decisions of Interest are updated, searchable and available in the EJCDC Blog.

The following information was compiled for the October 2015 EJCDC Full Committee Meeting.  Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.  Cases include:

Issue: Construction Manager at Risk’s right to rely on drawings and specifications furnished by Owner, under implied warranty of design. Coghlin Electrical Contractors, Inc. v. Gilbane Building Company. Supreme Judicial Court of Massachusetts (2015).
Issue:  Construction  Manager  as  Advisor/Agent—liability  for  site  safety.  Hunt Construction Group, Inc., v. Garrett. Indiana Supreme Court (2012)
Issue: Enforceability of limitation and waiver of liability clauses in a teaming agreement, after parties have entered into a subcontract. URS Corp. v. Transpo Group, Inc. United States District Court for the Western District of Washington (2015)
Issue: Interpretation of “substantial completion” with respect to a statute of Horning v. Penrose Plumbing & Heating, Inc. Supreme Court of Wyoming (2014)
Issue: Official immunity of engineering firm functioning as city engineer. Kariniemi v. City of Rockford. Court of Appeals of Minnesota (2015)
Issue: Viability of supplier’s claim against design engineer. State Ready Mix, Inc., v. Moffatt & Nichol. Court of Appeals of California (2015).
pdf-iconEJCDC October 2015 case summaries

The following information was compiled for the June 2015 EJCDC Full Committee Meeting.  Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S. Cases include:

Issue: Effect of failing to report a claim within the claims period, under a claims-­‐ made-­‐and reported professional liability policy. Anderson v. Aul. Wisconsin Supreme Court (2015)
Issue: Consequences of manipulation of unit price bids. Celco Construction Corp. v. Town of Avon. Massachusetts Appeals Court (2015)
Issue: Responsibility for ambiguity in escalator design. Otis Elevator Co. v. W.G. Yates & Sons Construction Co. United States Court of Appeals, Eleventh Circuit (2014)
Issue: Construction defects in condominium project. Saratoga at Toms River Condominium Association, Inc. v. Menk Corporation. Superior Court of New Jersey, Appellate Division (2014)
Issue: Did the contractor on a federal project make a formal claim, as a required precondition to seeking recovery of additional compensation? Construction Group, LLC v. Department of Homeland Security. United States Civilian Board of Contract Appeals (2015)
Issue: Enforceability of a no-­‐damages-­‐for delay clause. Zachry Construction Corp. v. Port of Houston Authority. Texas Supreme Court (2014)
Issue: Application of insurance policy’s “total pollution exclusion.” Advanced Waste Services, Inc. v. United Milwaukee Scrap, LLC. Court of Appeals of Wisconsin (2015)
pdf-iconEJCDC June 2015 case summaries

The following information was compiled for the February 2015 EJCDC Full Committee Meeting.  Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S. Cases include:

Issue: When does the statutory limitations period begin for an action based on a contractual indemnification clause? Miller-­‐Davis Company v. Ahrens Construction, Inc. Michigan Supreme Court. (2014)
Issue: Implication of use of the term “condition precedent” in subcontract payment clause. Transtar Electric, Inc. v. A.E.M Electric Services Corporation. Supreme Court of Ohio (2014).
Issue: Enforceability of liquidated damages of $700/day. Boone Coleman Construction, Inc., v. Village of Piketon, Ohio. Court of Appeals of Ohio (2014)
Issue: impact of fraudulent concealment on limitation period for bringing a payment bond claim. Minnesota Laborers Health and Welfare Fund v. Granite Re Inc. Supreme Court of Minnesota (2014)
Issues: (a) Applicable statute of limitations for indemnification claim; (b) contractual stipulations regarding time when limitation period starts. 15th Place Condominium Association v. South Campus Development Team LLC. Appellate Court of Illinois (2014)
Issue: Subcontractor’s disregard of markings on structural drawings. Goodrich Quality Theaters, Inc., v. Fostcorp Heating and Cooling, Inc. Court of Appeals of Indiana (2014)
Issues: (a) duty to continue performance pending resolution of change order issue; (b) contractor’s failure to comply with notice requirement regarding differing site conditions. JEM Contracting, Inc., v. Morrison-­‐Maierle, Inc. Supreme Court of Montana (2014

pdf-iconEJCDC-February-2015-case-summaries

The following information was compiled for the October 2014 EJCDC Full Committee Meeting.  Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconEJCDC October 2014 case summaries

The following information was compiled for the June 2014 EJCDC Full Committee Meeting.  Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconSummary of Relevant Court Cases – June 2014

The following information was compiled for the February 2014 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-icon/Summary of Relevant Court Cases – February 2014

The following information was compiled for the September 2013 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconSummary of Relevant Court Cases – September 2013

The following information was compiled for the June 2013 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference guide to significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconSummary of Relevant Court Cases – June 2013

The following information was compiled for the February, 2013 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference table of significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconSummary of Relevant Court Cases – February 2013

The following information was compiled for the November, 2012 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference table of significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconTable of Relevant Court Cases – November 2012

The following information was compiled for the June 9, 2012 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference table of significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconTable of Relevant Court Cases – June 2012

The following information was compiled for the January 27, 2012 EJCDC Full Committee Meeting.
Click the link below to download a PDF document that provides a handy reference table of significant court cases concerning contractual relationships in construction projects in various jurisdictions within the U. S.

pdf-iconTable of Relevant Court Cases – January 2012

The following information was compiled for the October 8, 2011 EJCDC Meeting EJCDC Meeting.

Click the link below to download a PDF document that provides a handy reference table of significant court cases.

pdf-iconTable of Relevant Court Cases – October 2011

The following information was compiled for the May 13, 2011 EJCDC Meeting EJCDC Meeting.

Click the link below to download a PDF document that provides a handy reference table of significant court cases.

pdf-iconTable of Relevant Court Cases – May 2011

The following information was compiled for the June 24, 2010 EJCDC Meeting EJCDC Meeting.

Click the link below to download a PDF document that provides a handy reference table of significant court cases.

pdf-iconTable of Relevant Court Cases – June 2010

The following information was compiled for the February 10, 2010 EJCDC Meeting EJCDC Meeting.

Click the link below to download a PDF document that provides a handy reference table of significant court cases.

pdf-iconTable of Relevant Court Cases – February 2010

The following information was compiled for the September 25-26, 2009 EJCDC Meeting.

Click the link below to download a PDF document that provides a handy reference table of significant court cases.

pdf-iconTable of Relevant Court Cases – September 2009

 

 

Witt v. LaGorce – In the Witt v. LaGorce (3rd DCA Case No. 3D08-1812), the Florida 3rd District Court of Appeals has ruled that pursuant to Moransais v. Heathman, 744 So.2d 793 (Fla. 1999), and the Florida Statute licensing Geologists, even if an individual professional is specifically referenced in a limitation of liability provision, “such a limitation would be unenforceable as a matter of law.”

If the Court’s Decision herein becomes the law of Florida, individual professionals (except lawyers, who can limit their liability in accordance with the Rules regulating the Bar) and doctors (who can limit their liability pursuant to Florida Statutes) will face unlimited personal exposure to clients whether they operate those corporations or not. Further, this case may bring into question whether individual professionals can lawfully enforce a contractual indemnification provision.
The Florida Engineering Society and other design professional and related groups are filing a friend of the court brief in this matter before the Florida Supreme Court.

 


Witt v. LaGorce 
– The Florida Engineering Society and other design professional and related groups have filed a friend of the court brief in this matter before the Florida Supreme Court. Earlier following a trial, in Witt v. LaGorce (3rd DCA Case No. 3D08-1812), the Florida 3rd District Court of Appeals had ruled that pursuant to Moransais v. Heathman, 744 So.2d 793 (Fla. 1999), and the Florida Statute licensing Geologists, even if an individual professional is specifically referenced in a limitation of liability provision, “such a limitation would be unenforceable as a matter of law.”

If the appeals court’s decision herein becomes the law of Florida, individual professionals (except lawyers, who can limit their liability in accordance with the Rules regulating the Bar) and doctors (who can limit their liability pursuant to Florida Statutes) will face unlimited personal exposure to clients whether they operate those corporations or not. Further, this case may bring into question whether individual professionals can lawfully enforce a contractual indemnification provision.
The Supreme Court brief states that Florida design and construction professionals have negotiated limitation of liability provisions to allocate risk in consulting agreements for nearly 40 years. FES and FICE believe the trial court’s decision that limitation of liability provisions are invalid and unenforceable and will call into question the validity of thousands of contracts, bring great harm to the state’s construction industry, and lead to a flood of unnecessary litigation.