General Contractor not Responsible for Subcontractor’s Site Safety
A plumbing subcontractor’s employee was buried in a trench collapse and suffered emotional and physical injury requiring multiple surgeries. He recovered damages from workers compensation as well as...
View ArticleHomeowner Failed to Mitigate Damages Caused by Contractors Breach of Contract
Where a homeowner hired a contractor to install a stucco-like exterior to her newly built home, the contractor stopped work after completing only the first of two coats of stucco and the owner hired a...
View ArticleArchitect entitled to fee based on estimated construction costs of low...
Project owner breached its design professional contract when it “unilaterally walked away from the [contract]” without paying the balance of the architect’s fee, and deciding, based on its own...
View ArticleGross Disprortionality Rule Applies to Limit Damages
The gross disproportionality rule may apply in a breach of a construction contract dispute. Gross disproportionality is calculated by using the diminution in value approach, which measures the...
View ArticleCity is Third Party Beneficiary of Design Subcontract Despite Contract...
A City filed a lawsuit against the prime design firm (BKI”) that created the hydraulic model for a sewer System. The suit alleged the contractor breached its contract and committed gross negligence...
View ArticleExpert Testimony Required for Suits against Design Firms
Project owner (RTI) hired an architect, an engineer and various contractors to construct a clinical research facility for animal health research trials. After completion, the Owner encountered...
View ArticleStatute of Limitations Enforced to bar Condo Association Claim against Architect
A court determined that a condominium association’s claim against an architect was time-barred by the applicable statute of limitations. The association filed suit claiming that the double-paned glass...
View ArticleTort Statute of Repose Inapplicable to Suit against Architect based of Breach...
A design firm agreed to design a new athletic field for the plaintiff, Trustees of Boston University (university). It promised to indemnify the university for “any and all” expenses incurred by the...
View ArticleRes Judicata and Collateral Estoppel Preclude New Law Suit
A federal district court confirmed an arbitration award in favor of homeowners over disputes concerning a cabinet and closet job for a luxury home. The U.S. Court appeals affirmed the judgment. Res...
View ArticleSpearin Doctrine Applied to Design-Build Contract, so Government Held to Have...
The GSA issued a solicitation for a Request for Proposals on a project. The Request for Qualifications specifiedthat GSA was using a design-build bridging project delivery method and that the bridging...
View ArticleIndemnification Article Violated the State anti-indemnification Statute
A contractor was hired via a Master Services Contract to provide various services and equipment to supply electrical power to an onshore oil and gas lease wellsite. The MSC contained a broad indemnity...
View ArticleTime was not of the essence so no time related costs could be awarded
Where contract filed suit against subcontractor for breach of contract. The trial court granted the subcontractor’s motion for summary judgment on the issue of time related damages. Other issues in...
View ArticleDefendant’s Negligence must be Substantial Factor in Causing Injury before...
A pickup truck was traveling too fast on an icy, divided interstate highway suddenly lost control, hurtled across a 42-foot-wide median,and collided with an 18-wheeler before the defendant had time to...
View ArticleImpact of Undocumented Immigrants in the United States
Most large construction projects in which I am involved have a large percentage of Hispanic workers. The deportation efforts of the current administration are going to impact the amount of time it...
View ArticleContractor not Required to Remediate Hazardous Environmental Conditions that...
A project owner attempted to require a contractor to dispose of hazardous levels of PCBs the contractor removed from the interior of standpipes it was working on. After having completed its work of...
View ArticleHomeowner Couldn’t Claim Consequential Damages against Builder in New York
Consequential damages weren’t contemplated when a homeowner executed a contract with a builder to reroof a residence. While work was being performed a storm occurred and caused water damage to the...
View ArticleBreach of Contract Statute of Limitations Applies to Indemnification Litigation
In a decision by the Massachusetts Supreme Judicial Court (SJC), it was held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was...
View ArticlePrevailing Party Attorneys’ Fees Contract Clause
If you agree by contract clause to pay the prevailing party’s attorneys’ fees, and the court would not have imposed those fees in the absence of the contractual obligation, the professional liability...
View ArticleSubrogation Rights of an Insurance Carrier were Violated by the Insured
Where a condominium association was sued by an individual condo unit owner based on water damage allegedly caused by failure to maintain a common element balcony, the insurance carrier for the...
View ArticleFailure to Prove Consequential Damages
Owner established that its contractor breached its contract by failing to complete and/or properly perform bathroom tile work in a house being built. The Owner sought compensatory as well as...
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