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Archive of Past
Articles
Archive:
Recent Court Decisions
CBR's Archive contains the subject title of each Department and Column, and the title and
author of each Article written since its debut. CBR is currently adding hotlinks to
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Volume 8 - No. 4
- Parties Cannot Agree to Suspend
Pennsylvania Statute of Repose
- Construction Manager Cannot Waive Contractual
Claim Requirement
Volume 8 - No. 3
- Owner not Liable for Gross Negligence in
Failing to Turn Off Electricity
- Court Rejects "Accepted-Work Doctrine" & Permits Third Party to Sue
Contractor for Personal Injuries
- Court Finds Engineering Firm not Subject to OSHA Liability for Tunnel
Explosion
Volume 8 - No. 2
- Statute Delegating Design to Contractor's
A/E Upheld
- County May Be Liable to Subcontractor for Failing to Investigate Surety's
Solvency
- Owner's Action Against Surety time-barred: Action Against Contractor
Allowed
Volume 8 - No. 1
- Contractor Withdrawing Bid Containing Error
Forfeits Bid Bond
- Architect Warranting Completeness of Design Liable for Extra Costs
- Florida Sub Not Bound to Perfect Lien Before Suing Owner in Quasi-Contract
Volume 7 - No. 6
- City Improperly Requires Bidders to Comply with
Labor Agreement
- Court Finds Term "Turn-Key" Ambiguous
- Owner Liable for Worker's Death, Even Where Danger was Obvious
Volume 7 - No. 5
- MEP Contractor's Unlicensed Status does not
Bar Arbitration Award
- Errors and Omissions in Construction Documents not Necessarily "Defects"
- Unpaid 8(a) Subcontractor Allowed to Sue United States
Volume 7 - No. 4
- Court Finds no Contract in Design-Build
Project
- Subcontractor Required to Indemnify General Contractor
- Engineer not Protected by Contractual Limitation of Liability
Volume 7 - No. 3
- Termination for Convenience Precludes
Owner's Counterclaims
- End Unser of Building is Bound by Contract Statute of Limitations
- County Bars Surety from Issuing Bonds on Public Contracts
Volume 7 - No. 2
- Contractor Required to Prove Inability to
Perform Other Work to Recover Eichleay Damages
- Arbitration Clause Assignable
- Contractual Limitation of Liability Upheld
Volume 7 - No. 1
- Conflicting Decisions Regarding A/E Responsibility
for ADA Compliance
- General Contractor not Liable for Injuries Resulting from ASHA
Violation
- No Damages for Delay Clause Negated by Owner Interference
Volume 6 - No. 6
- Architect/Engineer with Actual Knowledge of Hazard can be Sued
by Injured Workers
- "Best Value" Government Contracting Applied in the Construction
Area
- Georgia Court Limits Judicial Review of Arbitration Awards
Volume 6 - No. 5
- Court, not arbitrator, to determine whether statue of
limitations clause barred developer's for arbitration
- Joint Check Agreement does not limit sub-subcontractor's right to
recover
- Cardinal change permits government to terminate contract for
convenience
Volume 6 - No. 4
-
General Contractor Entitled to Indemnity Despite its Own
Negligence
- "Pay When Paid" Clauses in Virginia
- Additional Eichleay Decision
Volume 6 - No. 3
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Insurer's Litigation Conduct Inadmissible to Show Bad Faith
- Trial Court May Apportion Damages Attributable to the Respective Parties
- A Supervising Architect May be Obligated to Indemnify an Owner Sued by an
Injured Construction Worker
Volume 6 - No. 2
-
New York's Highest Court Rejects " Pay-When-Paid" Clauses
- Arbitration Clause Not Binding on a Non-Signing Party
- Discovery Permitted in Defense of Arbitration Award
Volume 6 - No. 1
-
Arbitration Award Against Project Owner does not Bar Contractor from Suing
Architect
- Architect's Deductive Change Evaluation Reversed
- Contractor Who Engaged in Reckless Conduct Not Entitled to Indemnification
Volume 5 - No. 6
-
Court Holds Contractor Can Recover Economic Losses for Engineer Malpractice
- Court Denies Writ of Mandamus Challenging Settlement of Lawsuit
- U.S. 4th Circuit Rejects Subcontractor's Claim Against Performance Bond
Volume 5 - No. 5
-
Judicial Review of Arbitration Awards Expanded
- Recovery Denied Where Soil Report was Excluded from Contract
- Court Rejects Claim of Strict Liability Against Architect and Engineer
Volume 5 - No. 4
-
Construction Management Services Exempted from Competitive Bidding
Requirement
- Default Judgment Against Principle is not Determinative of Surety's
Liability
- Engineer had Duty to Protect Workers from Known Dangerous Conditions
Volume 5 - No. 3
-
Court Refuses to Review Judgment of Panel Authorized by Contract
- Engineer not Permitted to Testify as to Standard of Care for Architects
- Statements Made by Litigants During Mediation Ruled Inadmissible at Trial
Volume 4 - No. 6
- Subcontractors Ordered to Join Arbitration Between Owner and General
Contractor
- Subcontractor Not Entitled to Previously Exonerated Engineer
- Subcontractor Forced to Indemnify Contractor Despite Contractor's Negligence
Volume 4 - No. 5
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Failure to Declare Default Relieves Surety of Liability
- Supervising Engineer Held Liable to Contractor for Economic Losses
- "Economic Loss Rule" Bars Construction Manager's Suit Against Architect
Volume 4 - No. 4
-
"Women-owned" Business Denied Government Contract
- Unit Owner has Standing to Sue Developer for Common Area Defects
- Construction Manager Not Contractually Obligated to Pay Trade Contractor
Volume 4 - No. 3
- Liquidated Damages Allowed After Substantial Completion
- No-Damages-For-Delay Clause Enforced Against General Contractor
- Federal Court Authority to Compel Alternative Dispute Resolution Denied
Volume 4 - No. 2
-
Surety Denied Profits on Takeover of Principal's Contract
- Contractor Fails to Show Disputes Act Claim
- Contractor May Offset Miller Act Claim
Volume 4 - No. 1
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Contractor's Lost Profits Claim Denied
- Government Contract Ambiguity Creates Duty to Inquire
- No Damages Clause Did Not Apply to Constructive Acceleration
Volume 3 - No. 6
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General Contractor's Association has Standing to Challenge City's
Affirmative Action Ordinance
- Builder Liable for Injuries to Subcontractor's Employee Under Illinois
Structural Work Act
Volume 3 - No. 5
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Liability Under 130 Year-Old Federal Statute Threatens Open Shop Contractors
- - Wisconsin Court Bars Contract Claim for Latent Construction Defect
Volume 3 - No. 4
-
Court Refuses to Enforce Tolling Agreement Under New York Law
- Limitation of Liability Clause Upheld Against Owner
- Eichleay Formula Not Applied to Additional Work Claim
Volume 3 - No. 3
-
Court Denies Contractor Right to Arbitrate with School Board
- Contractor Prohibited from Bringing Claim for Delay Caused by Separate
Contractor
- Local Government not Liable for Breach of Contract by Agency It Created
Volume 3 - No. 2
-
Lapsed CGL Policy Covers Repairs to Defective Plumbing System
- Prime Not Responsible to Sub Contractor for Delays of Others
- Excavating Contractor Liable for Spreading Contaminated Soil
Volume 3 - No. 1
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Court Upholds Disclaimer of Engineering Warranty and $50,000 Liability
Limitation - "Pay When Paid" Clause Upheld; Prime Not Liable for Negligent
Misrepresentation of Owner's Financial Strength
- Court Defines Contract Disputes Act Requirements for Stating a "Claim"
- Contractor's 10-Month Procedural Delay Causes Waiver of Arbitration Rights
Volume 2 - No. 6
-
Surety's Lack of Reasonable Cause Leads to Penalty
- Miller Act Surety's Liability for Delay Damages and Termination Costs
Limited by Fifth Circuit
- General Contract Provisions, Incorporated into Sub-Subcontract, Required
Lien Waivers
- Joint-Pay Agreement Between Subcontractor and Supplier does not Relieve
Subcontractor of Duty to Pay
- Arbitrators Who Learn that One Party will not Pay the Other's Fees Must be
Disqualified
- Contractor Properly Terminated for Abandonment Without Correcting
Deficiencies
Volume 2 - No. 5
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State Required to Compensate Contractor for Interest Expense Associated with
Extra Work
- Contractor Had Duty to Inquire About "Patent Ambiguities"
- Developer Indemnified by Subcontractors for Construction Defects Despite
Defrauding Owners
- Indemnification Clause Protected School District Against Its Own Active
Negligence
- EPA Guidelines Incorporated Into Contract Limit Contractor's Delay Damages
Volume 2 - No. 4
-
Engineer's Lack of Control Bars Liability to Adjacent Property Owner
- Contract's Deviation from Specifications No Defense to Claim for Negligent
Design - Sanitary District Required to Use Its Powers to Avoid Delays; Total Cost
Method Approved
- City's Agreement to "Assist" Developer Created No Enforceable Duties
- Eichleay Formula Disapproved Where Direct Costs Can Be Marked Up
Volume 2 - No. 3
-
Payment Bond Covers Cost of Personnel and Equipment Held in Reserve
- Contractual Disclaimer Prevents Contractor From Recovering Damages Because
of Differing Soil Conditions
- Government Contractor Had Duty to Inform Subcontractor of Suspected Bid
Error
- Federal Rule Allowing Punitive Damages Applies to Arbitration Despite
Prohibition Under New York Law
- EAJA Does Not Cover Consultants Fees Incurred Before Court Action
Volume 2 - No. 2
- Arbitration Clause Superseded by Settlement Agreement
- Engineer and Owner Have No Duty to Exercise Reasonable Care for the Safety
of Contractor's Employees
- Contractor Cannot Assert Architect's Lien Based on Design Build Agreement
- Surety Can Compel Arbitration if Bond Incorporates Construction Contract
- Architect Liable to Condominium Owners Without Contractual Relationship
- Mechanic's Lien Based on Delay Damages Cannot be Enforced
Volume 2 - No. 1
-
New York Enforces "No-Damages-For-Delay" Clause
- Contract Provision Requiring That Claims for Owner Delays be Referred to
Architect Failed to Place Obligation on Contractor
- "Jury Verdict Method" Rejected as Proof of Damages
- Construction Lender Bound by Arbitration Clause in Owner/Contractor Contract
Volume 1 - No. 6
-
Surety Barred from Collecting Security for Possible Warranty Claim
- Court May Substitute Reasonable Bid Under Total Cost Method of Proving
Damages
- Owner Entitled to Recover Contract Payments From Unlicensed Contractor
- Contractor Allowed to Appeal Nonmonetary Claims to Board of Contract
Appeals
Volume 1 - No. 5
-
Bidder's Error Could Be Waived
- Surety Not Bound to Subcontractor by the Covenant of Good Faith and Fair
Dealing
- Owner Not Entitled to Seek Recovery From Manufacturers of Contaminated
Transformers for Clean up Costs
- Owners Waive Right to Arbitration by Participation in Litigation
- Surety Liable for Owner's Attorney's Fees in Arbitration Proceedings
- Architectural Firm's Advice on Tiles is Breach of Implied Warranty
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