A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...
Subcontractor was 95 percent complete with its work when the general contractor (GC) made changes to the scope of work, failed to timely respond to change order requests, and failed to make payment of amounts then due under the subcontract. Without providing...
The City of New York filed a breach of contract claim against an architect (Perkins Eastman) that was under contract to the Dormitory Authority of the State of New York (DASNY), claiming it was an intended third party beneficiary of that contract. The state Court of...
General contractor (GC) filed a joinder complaint to join an architect in a suit brought by a subcontractor against the GC based on GC’s failure to grant a change order that was alleged required due to defective plans and specifications. The GC didn’t submit a...
Breach of contract limited warranty was the only legal theory homeowner could pursue against builder. The negligence count was dismissed by the court as being duplicative of the breach of contract count and based on the exact same facts as what constituted the breach...
By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...
By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...
Engineering firm designed site plans for a rain tank system to be buried under a parking lot for a new church sanctuary. As a contractor began constructing the project, it inquired of the engineer via a Request for Information (RFI) about concerns about the...
An error was made by a surveyor in setting the level for a foundation pad for a church building. A construction contractor then proceeded to excavate dirt from the foundation area, believing the resulting level would be higher than required by the base flood...
By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....
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