Constructlaw.com - The Construction Law Review

December, 2008

Construction Practice Group

Experience

Prior Issues and Search

Articles and Publications

Register for Updates

Upcoming Events

Contact Us

Second Circuit Holds Arbitrators Cannot, Under the Federal Arbitration Act, Compel Pre-Hearing Discovery of Documents of Third Parties, Except That Production May be Compelled at a Preliminary Hearing Before an Arbitrator

Washington Court Holds Owner May Not Sue Subcontractor As Third Party Beneficiary Of Subcontract

Wyoming Court Upholds Delay Damage Award To Contractor For Owner’s Breach Of Implied Covenant Of Good Faith And Fair Dealing Even Though The Owner Did Not Breach Contract’s Express Terms

United States District Court in Virginia Holds That Prime Contract Provision Concerning Accrual of Statute of Limitations “Flowed Down” to Afford Subcontractor Defense to Defective Work Claim

United States District Court in New Jersey Considers Effect of Waiver of Consequential Damages and Damages Cap on Indemnification Provisions Contained in Architect’s Contract

Vermont District Court Declines To Apply Exception To Economic Loss Rule To Contractor’s Claims Against Architect

Pennsylvania Supreme Court Holds That, Absent Express Reservation Of Rights, Release Of Contractor Also Discharges Surety

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

The materials and information contained on the Pepper Hamilton LLP Construction Practice Group Web site are intended to provide information (not advice) about new legal developments. The great number of legal developments does not permit the issuing of an update for each one, nor does it allow the issuing of a follow-up on all subsequent developments. Internet subscribers and online readers should not act upon this information without consulting with legal counsel. Transmission and receipt of materials provided by the Pepper Hamilton LLP Construction Practice Group Web site is not intended to create an attorney-client relationship. Please be further advised that the act of sending e-mail to an attorney at Pepper Hamilton LLP will not create an attorney-client relationship. If you are not currently a client of Pepper Hamilton LLP, your e-mail will not be privileged and may be disclosed to other persons. This Web site is not intended to be advertising and Pepper Hamilton LLP does not wish to represent anyone desiring representation based upon viewing this Web site in a state where this Web site fails to comply with all laws and ethical rules of that state. This is meant to be informational only, in the nature of bulletins and consistent with our profession's obligation to help inform not only our clients, but also to cultivate knowledge of the law to the public in general.