General Contractor on Highway Project Has No Duty to Prospective Motorists to Rectify Unsafe Condition or Warn of Unsafe Condition Where It Followed the Design Specifications and Work was Approved by Engineer and owner
ConstructionRisk.com Report Vol. #14, Issue #3
See article in the following topic indices:
Duty to Warn,Site Safety,Specifications
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In a wrongful death lawsuit against a general contractor for the death of an individual whose car slid into a river from a highway on which the contractor had completed work seven months earlier, the plaintiff argued a premises defect theory of liability against the contractor based on a fifteen-foot gap between the end of [...]
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Expert Survey of Small Sample of Walls Sufficient to Justify Opinion that Much Larger Area of Walls Must be Torn out and Replaced by Design-Builder for Failing to Meet Specifications for Rebar
ConstructionRisk.com Report Vol. #14, Issue #1
See article in the following topic indices:
Defective Workmanship,Design-Build,Expert Witnesses,Specifications,Specifications - Failure to Meet
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Where a design-builder filed suit against the project owner (animal fee manufacturing plant) to collect the balance of fee that was being withheld, the owner countersued for almost $2 million alleging that contractor breached the contract’s requirements for concrete strength and placement of rebar in the concrete. An expert witness testified for the owner that [...]
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Battle of the Contract Forms: Subcontractor Bound to General Contract Terms
ConstructionRisk.com Report Vol. #13, Issue #4
See article in the following topic indices:
Battle of forms,Brand name or equal,Flow down,Incorporation by Reference,Specifications,Subcontract Dispute
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It is not uncommon to see disputes between prime contractors and their subcontractors concerning whether terms submitted with the subcontractor proposal or subcontract form will take precedence over the broader terms of the prime contract that are incorporated by reference into the subcontract. Where a wastewater treatment district specified certain holding tank liners by brand [...]
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Government Contractor Defense not Available to Bar Katrina Class Action Suit against Firm that provided Excavation and Remediation Services on Canal
ConstructionRisk.com Report Vol. #13, Issue #1
See article in the following topic indices:
Federal Government Contracts,Government contractor defense,Specifications
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Homeowners whose property was damaged by flooding after Hurricane Katrina sued the contractor that provided engineering and remediation services to the U.S. Army Corps of Engineers in connection with a canal that later breached during Hurricane Katrina. The trail court granted summary judgment for the contractor based on the government contractor defense – but this [...]
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Case against Engineer Dismissed for Lack of Expert Affidavit
ConstructionRisk.com Report Vol. #12, Issue #1
See article in the following topic indices:
Expert Affidavit,Specifications,Specifications (Defective)
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Where an insurance carrier brought a subrogation claim against a engineering firm and its subconsultants to recover insurance monies it had paid under its property policy to its insured townhouse owner as a result of damages to a party wall that occurred during remodeling, summary judgment was properly granted to the engineer due to failure [...]
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Contractor Entitled to Equitable Adjustment on Navy Contract for Constructive Change that Resulted from Navy’s Interpretation of Ambiguous Specification
ConstructionRisk.com Report Vol. #12, Issue #4
See article in the following topic indices:
Ambiguous Specifications,Federal Government Contract,Request for Equittable Adjustment,Specifications,Specifications (Defective)
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Where Navy’s plans and specifications for roofing work were less than clear, and the contractor reasonably interpreted the contract as calling for waterproof paint rather than multiple-ply flashing material, the Court of Appeals for the Federal Circuit found the contractor’s interpretation was reasonable and it was therefore entitled to recover its costs for installing the [...]
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