A homeowner’s house developed large cracks in its foundation and walls due to settling, lateral movement of the foundation, and an unstable slope of the building lot. It filed suit against a geotechnical engineering firm that had ten years earlier prepared a site...
An engineer under contract to a federal agency (USAID) provided preliminary designs (the bridging documents) for a design-build project that the owner then provided to the contractor to complete the final designs for the project and then construct it. The contractor...
An engineer that prepared a Request for Proposals (RFP) owed no duty to a bidder on a sewer authority project as a third-party who could foreseeably be injured or suffer economic loss due to engineer’s negligent performance of a contractual duty owed by the engineer...
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...
A contractor was awarded a design-build contract to design and build a four-story parking deck. The contractor subcontracted the design to an architectural firm. The Owner-Builder agreement between the contractor and owner listed the name of the architectural firm as...
A city filed suit against an engineering subcontractor, asserting that the city was a third-party beneficiary of the subcontract. The subcontractor filed a motion for summary judgment, arguing that the city lacked privity of contract to file suit. The motion was...
Gail S. Kelley, J.D., P.E. ConstructionRisk, LLC In an effort to revitalize a waterfront area along Lake Michigan, the City of Whiting, Indiana hired an engineering firm to design a lakefront park and marina. The Engineer, in turn, hired a Subconsultant to serve as...
Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...
Subcontractor suit was permitted against a project owner as well as an officer of the project owner in his individual capacity for negligent misrepresentation on the basis that the project owner had represented the General Contractor to be acting on behalf of the...
After a project owner terminated its prime contractor and paid an outstanding invoice owed to the subcontractor, it subsequently filed suit against the subcontractor alleging negligent construction and breach of contract. Summary judgment was granted, and affirmed on...
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