Contractor Entitled to Recover Additional Compensation Due to Project Owner’s Failure to Disclose Material Information During Bidding Process – even Where Nondisclosure was not Done with Affirmative Intent to Conceal the Information

by Kent Holland | Jan 11, 2011 | differing site conditions, Newsletter Article

Contractor is entitled to recover additional compensation due to a school district’s failure to disclose material information during the bidding process, and it is not necessary for the contractor to prove affirmative fraudulent intent to conceal the information. ...

Contractor Suit against Project Owner’s Lender for Failing to Pay for Work Performed on Project is Dismissed

by Kent Holland | Jan 11, 2011 | Newsletter Article

Where a contractor brought a claim against a project owner’s bank that was funding the project, based on allegations that the bank made promises to the contractor that funds were available and would be paid to the contractor to complete the project, summary  judgment...

Architect’s Copyright Infringement Action against Another Architect was Properly Dismissed by Trial Court on a Motion to Dismiss

by Kent Holland | Jan 11, 2011 | Newsletter Article

Architect that was terminated from a project filed a copyright infringement complaint against an architect that “re-designed” the project allegedly copying the essence of the original design as well as a number of specific design features.  The federal district trial...

Government Contractor Defense not Available to Bar Katrina Class Action Suit against Firm that provided Excavation and Remediation Services on Canal

by Kent Holland | Jan 3, 2011 | Newsletter Article

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...

Contractor not Liable under Superfund Law for Accidently Damaging Methanol Pipeline with Backhoe Causing Environmental Damages

by Kent Holland | Jan 3, 2011 | Newsletter Article

The United States Court of Appeals for the Fifth Circuit held that a contractor has no “arranger” liability under the Superfund law (CERCLA) for unconsciously denting a methanol pipeline that several years later cracked, thereby resulting in the release of methanol...

Subcontract Claim against General Contractor Barred by Waiver and Release Agreement

by Kent Holland | Jan 3, 2011 | Newsletter Article

A subcontractor sued the general contractor for breach of contract and quantum meruit, and also the contractor’s surety on a Miller Act claim.  What the subcontractor sought was payment for unanticipated costs incurred in constructing a federal law enforcement...