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December, 2008

 

 
 
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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
 
 

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