Where a contractor entered into a design-build contract with the U.S. Navy to build four buildings at the Pensacola Naval Air Station, and included a liquidated damages (LD) provision in the subcontract with its subcontractor, that LD provision was enforceable despite...
Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...
When an oral surgeon hired a contractor to construct his office and was unable to use part of the finished office due problems with the floors, he sued the contractor for damages, including loss of profits. The court held that the possibility that there would be lost...
When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy...
By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is...
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...
An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the...
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
A construction contractor was delayed in completing a road construction project by a flaw in the design provided by the project engineer. The project owner (Broward County, Florida) denied the contractor’s delay and impact claim, asserting that it was barred by a...
A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained...
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