Architect Cannot Sue Construction Manager for Negligence
Construction Management,Economic Loss Doctrine,Indemnification,Negligence,Third party beneficiary,Third Party Claims
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Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits, the court held that the contract between the CM and owner did not create a duty of the CM to the architect, and that the architect no [...]
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No Damage for Delay" Clause Not Enforceable
Construction Management,Damages,Delay,No-Damage-for-Delay,Notice Requirements
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Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay” clause in the contract. The trail court concluded that the clause did not bar the plaintiff’s claim, and the appellate court agreed. Delays were [...]
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Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was negligent in its coordination and supervision of the contractors. The trial court dismissed the case [...]
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Construction Manager is Immune from a Contractor’s Employee Personal Injury Suit pursuant to the Workers Compensation Statute
ConstructionRisk.com Report Vol. #12, Issue #3
See article in the following topic indices:
Construction Management,Damages,Site Safety,Workers compensation
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An individual who was employee of Company X, a firm that contracted with the project owner to perform electrical work at a construction site, fell from a forklift being operated by a project superintendant employed by a Construction Manager (Company Y) who was under separate contract to the project owner. The CM hired an individual, [...]
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Expert Testimony is Required to Prove Construction Management Failed to Meet the Standard of Care
ConstructionRisk.com Report Vol. #12, Issue #10
See article in the following topic indices:
Construction Management,Expert Witness,Negligence,Standard of Care
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A Court of Appeals in Texas ruled that expert testimony is required to establish the standard of care of a construction management firm since a lay person would not have sufficient knowledge of the duties of a construction management firm. Judgment was entered for the construction management firm as no expert testimony was put forth [...]
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