Acceptance Doctrine Prevents Construction Defect Suit

The “acceptance doctrine” was applied in a negligent construction tort case to dismiss a homeowner suit against the contractor that built the original homeowner. The new homeowner purchased the home under an “as is” agreement and soon after purchase discovered...

Waiver and Release Language in Change Order Bars Further Recovery

Contractor that entered into a number of change orders for additional payments from the project owner (U.S. Navy) was barred from claiming entitlement to additional compensation when the Government subsequently terminated since each of the change orders contained...

Do You Really Want to Cash that Check?

Everyone involved in construction contracts is concerned about payment.  Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed;...

Change Order Bars Owner’s Claim Against A/E

The owners of a home under construction were sued by an architect whose copyrighted plans were used without permission in the design and construction of their new house.   This architect (Mr. Page) sued the owners (Mr. and Ms. Gunthrop) for copyright infringement.  A...