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...
Contractor sued engineer for damages it claimed it sustained as a result of negligent design that the engineer prepared for a project owner. Although an engineering firm could owe a duty to reasonably draft and interpret project specifications and it could be...
Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and administer the project according to industry standards thereby impeding...
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...
A developer filed suit against an engineering firm, two licensed engineers and one engineer intern. The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed...
Contractor for a wastewater treatment plant sued the municipal owner and its project engineer for breach of contract for interfering with its work by failing to obtain easements in time for the contractor’s construction work to proceed. Although the contract was, on...
A general contractor for home construction hired a subcontractor to perform trim work on a house, including installation of a guardrail in front of a sliding glass door that would have access to a potential future deck. The subcontractor used finish nails to attach...
An indemnification clause in a contract between a school board and a general contractor contained an indemnification clause requiring the contractor to defend and indemnify the owner against all claims and damages even if caused by the owner. This violated the state’s...
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...
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