1. Issue: Enforceability of arbitration clause that specified submittal of disputes to a defunct arbitration association. Hillhouse v. ...
1. Issue: Validity and meaning of a limitation of liability clause in a professional services agreement between an ...
1. Issue: Does paying a subcontractor’s workers’ compensation insurance premiums entitle the general contractor to the exclusive-remedy protections ...
1. Issue: Did a supplier satisfy the requirements for making a payment bond claim by sending the notice ...
1. Issue: Applicability of state building codes to a project undertaken by a bi-state commission created under the ...
This is the last in a six-part series of articles on shop drawings and submittals. Previous articles in ...
This is the fifth in a six-part series of articles on shop drawings and submittals. Previous articles have ...
This is the fourth in a six-part series of articles on shop drawings and submittals. Previous articles have ...
Summary: Eight months into a residential construction project the homeowners and the contractor were at odds regarding the ...
Summary: A subcontractor warranty endorsement (also known by various other names, such as “Subcontractor Endorsement” or “Contractor’s Special ...
Summary: Construction Associates of Spokane is a general contractor. An employee of a subcontractor, Merit Electric, was injured ...
Summary: Marine Industrial is a dense, fact-laden 58-page decision that addresses numerous issues of interest. This summary will ...
Summary: The architectural firm (Architect), Johnson Nathan Strohe, designed an apartment building in Denver. The Architect retained MEP ...
This is the third in a six-part series of articles on shop drawings and submittals. Previous articles have ...
Summary: The extensive litigation involving the condition of the Flint, Michigan,public water supply includes injury claims by children ...
Bulley & Andrews was the general contractor on a project on South Riverside in Chicago. Several years earlier ...
This is the second in a six-part series of articles on shop drawings and submittals. The first article, ...
This is the first in a six-part series of articles on shop drawings and submittals. Forthcoming articles in ...
Certain project delivery methods may include an owner-hired construction manager as advisor (CMa), most often for design-bid-build (D-B-B) ...
Summary: The Graphic Builders (TGB) was the general contractor on an apartment building construction project in Boston. TGB ...
Summary: Forney Enterprises entered into a contract with the federal government to repair and upgrade staircases in the ...
Summary: The City of Puyallup contracted with Conway Construction Company to build a road—reportedly America’s first arterial roadway ...
Summary: Plaintiff Johnson-Lancaster supplied (and apparently installed) food service equipment as part of the renovation of the Prince ...
Summary: The Hewitts Landing Condominium in Hingham, Mass., is comprised of 28 separate buildings containing a total of ...
Summary: APCO Construction was the general contractor on a Las Vegas construction project that ground to a halt ...
Summary: TDH Mechanical provided heating, ventilating, and air conditioning construction services for a building construction project in Chicago. ...
Summary: In 1934 the State of New Jersey and the Commonwealth of Pennsylvania enacted laws forming the Delaware ...
Should design professionals seal and sign Division 00 documents and Division 01 specifications? In the past, when the ...
A mantra of the Construction Specifications Institute (CSI) is that construction specifications should be consistent with “the four ...
Summary: A farm owner contracted with Lester Buildings for the design and construction of a new barn; the ...
Summary: The U.S. Army Corps of Engineers entered into a $12.3 million design-build contract with RBC Construction Corp., ...
Summary: Hensel Phelps was the general contractor on a mixed-use project in San Diego. The project included construction ...
A wry, old joke goes, “The beatings will continue until morale improves.” No one enjoys being threatened before ...
Summary: W.M. Schultz Construction entered into a contract with the Vermont Agency of Transportation (VTrans) to rebuild four ...
Summary: Construction foreman George Waltman was injured when he fell through the roof of a building in Meridian, ...
Summary: John Foley was an employee of a subcontractor. He injured his back while pulling rebar from a ...
Summary: Clark Bros., Inc., was the general contractor on an arsenic removal water treatment plant project for the ...
Summary: The McDonnel Group was the general contractor for the renovation of the historic Jung Hotel in New ...
Summary: The General Services Administration is a U.S. agency that administers a substantial volume of construction contracts. As ...
Summary: Otter Creek Investments contracted with Olmstead for construction of a convenience store and gas station, on a ...
Summary: The Corps of Engineers entered into a contract with Buck Town Contractors to rebuild a hurricane protection ...
Summary: In 2009 Tropical Storm Ida struck El Salvador, causing widespread damage. Two years later the United States ...
Summary: In 2004 Skanska was the general contractor on a National Institutes of Health research facility project in ...
Summary: In 2003 the City of Cleveland concluded that relatively few city residents were employed on public works ...
Summary: Broward County, Florida, entered into a contract with an architectural firm for construction phase services on a ...
Summary: DVO Inc. (formerly GHD) is in the business of designing and constructing anaerobic digesters, which use microorganisms ...
Summary: The U.S. Army Corps of Engineers and KiewitPhelps (a joint venture) entered into a $524 million contract ...
Summary: The Dormitory Authority of the State of New York retained Skidmore Owings and Merrill (SOM) as architect ...
Previous Court Decisions
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).EJCDC 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)
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
EJCDC-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.
EJCDC 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.
Summary 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.
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.
Summary 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.
Summary 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.
Summary 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.
Table 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.
Table 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.
Table 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.
Table 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.
Table 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.
Table 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.
Table 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.
Table 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.