Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract

by Kent Holland | Feb 20, 2017 | Newsletter Article

A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...

“No-Damages-for-Delay” Clause Enforced Even If Project Ineptly Planned and Managed

by Kent Holland | Feb 20, 2017 | Newsletter Article

Subcontractor filed a complaint for delay damages allegedly caused by the project owner and construction manager’s inept administration and poor administration. Defendants’ motion for summary judgment was granted, and this was affirmed on appeal, on the basis that the...

Notice of Claim Requirement Flows Down from Prime Agreement and is Strictly Applied to Disallow Subcontractor Claim

by Kent Holland | Feb 20, 2017 | Newsletter Article

Where an elevator subcontractor filed a breach of contract claim against the general contractor for damages resulting from delay to the performance of the work, the general contractor moved for summary judgment on the basis that the subcontractor failed to comply with...

Private Engineering firm Qualifies for governmental immunity when working as City Engineer

by Kent Holland | Jan 19, 2017 | Newsletter Article

A private engineering firm, under contract to a city to act as the City Engineer, was entitled to have a negligence and nuisance suit against it dismissed based on official or governmental immunity that was extended to it as an agent of the city acting as a “public...

Subcontract Bidder Must Honor its Bid to GC (Promissory Estoppel)

by Kent Holland | Jan 19, 2017 | Newsletter Article

Where a general contractor (GC), Weitz Company , LLC, was awarded a contract to construct a nursing home and had based the heating, ventilation, air conditioning (HVAC) portion of its bid on a subcontract bid from an (HVAC) subcontractor, (H&S Plumbing and...

Subcontract Bidder Excused from Executing Contract with Prime Contractor

by Kent Holland | Jan 19, 2017 | Newsletter Article

Where a subcontractor submitted a glazing work bid to a general contractor to be considered and used in the general contractor’s bid to construct a new building for a college, it contained numerous terms and conditions that the general contractor (GC) rejected when it...