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...
Kent Holland, J.D. ConstructionRisk, LLC Where a city retained a private engineering firm to perform the services of “City Engineer,” including to “provide planning, design, and construction related services for public improvement projects.” Acting as city engineer,...
Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...
By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...
Timothy Fisher, Esq.; McCarter & English — In a decision followed closely by the construction industry, Connecticut’s Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the...
Where a highway construction contractor followed specifications given to it by the state, it was immune pursuant from liability arising out of a motorist’s personal injury action. The plaintiff’s law suit alleged that her injuries were caused by, or made...
A painter that suffered serious injury on a U.S. Navy construction project was not entitled to recover against the government for alleged failure to supervise the work of an independent contractor, where the government fulfilled any duty it might have had to supervise...
A general contractor, under contract to the Brevard County School Board was required by the architect to install a more expensive fire protection system than it believed was called for by its contract. It argued that the architect misinterpreted the contract and thus...
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