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February, 2010

 

 
 
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DC Court of Appeals Holds Contractor’s Failure to Declare Subcontractor in Default and Provide Subcontractor’s Surety with Notice Before Taking Over Completion of Subcontractor’s Work Released Surety from Liability

Pennsylvania Supreme Court Holds Utility Not Liable to Excavation Contractor for Economic Loss Resulting from Inaccurately Marking Location of Gas Lines

Texas Court of Appeals Holds that Contractor Released Claim for Additional Costs by Accepting Final Payment from Owner

US District Court for Middle District of Pennsylvania Holds Course of Performance May Vitiate Partial Payment Releases and Delay Costs May Be Recovered Under Federal Miller Act Payment Bond

US District Court for the Eastern District of Kentucky Holds Compliance With Plans and Specifications Does Not Preclude Contractor Liability in Negligence for Proceeding Where Risk of Collapse Was Apparent

US District Court for Western District of PA Holds Contractor Owes Properly Terminated Subcontractor Payment for Work Performed Prior to Termination Plus CASPA Interest

US District Court Holds “Gist of the Action” Doctrine Bars Parallel Negligence Claim for Property Damage Where the Essence of Plaintiff’s Claim Was for Breach of Contract

Pennsylvania Commonwealth Court Holds Procurement Code Provides Exclusive Remedy for Substantive Challenges to Agency’s Contract Award, But Equitable Judicial Remedies Are Available Where Agency Deviates from Statutory Protest Procedures

  

Construction Updates
 
 
Recent Developments in the Application of Pennsylvania ‘Prompt Payment’ Statutes
December 2008
 
United States Court of Federal Claims Recognizes General Contractor's Claim for Cumulative Impact Despite Seemingly Broad Release Language in Contract Modifications
November 2008
 
Under New Pa. Rules, Third-Party Claims Against Design Professionals Don't Require Certificate of Merit
October 2008
 
 
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