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Miner Dederick Constr., LLP v. Gulf Chemical & Metallurgical Corp.
2013 Tex. App. LEXIS 4589 (Tex. App. April 11, 2013)

Gulf Chemical & Metallurgical Corporation (“Gulf”) hired Miner Dederick Construction, LLP (“Miner”) in May 2005 to construct an addition to a hazardous waste containment building. The addition, designed by a third-party engineer, included a 140-foot expansion joint between the existing and new foundations. Due to the hazardous materials stored in the facility, the expansion joint included a specialty sealant system and was designed prevent fluid leakage. Miner completed construction in January 2006, but by June 2006 Gulf discovered leakage through the expansion joint.

Gulf requested that Miner implement the engineer’s design for repairing the expansion joint under the contract warranty provisions. Miner refused, claiming that it installed the expansion joint per the original design and the repair was a redesign. Gulf bid the repair work and hired a different contractor to repair the expansion joint.

Paragon Constr. Co. v. Dep’t of Pub. Works
2013 Conn. Super LEXIS 789 (Conn. Super. Ct. 2013)

The Connecticut Department of Public Works and the Connecticut Department of Corrections (collectively “the State”) solicited bids for the renovation of a correctional center. Paragon Construction Co. (“Paragon”) was awarded the contract, and it subcontracted with MacKenzie Painting Co. (“MacKenzie”) for work relating to de-leading and painting security bars on the windows of the correctional center.

TRG Construction, Inc. v. District of Columbia Water & Sewer Authority
2013 D.C. App. LEXIS 257 (May 9, 2013)

Appellant, TRG Construction, Inc. (“TRG”), was hired by the District of Columbia Water and Sewer Authority (“D.C. Water”) to renovate bathrooms at D.C. Water’s central operations facility. When TRG initially contracted with D.C. Water it agreed to complete the bathroom renovations by June 13, 2004. The project suffered delays, however, and the deadline for completion was extended to July 31, 2005. Before that deadline, TRG requested another extension. D.C. Water declined to grant the request. Shortly thereafter, D.C. Water sent TRG a cure notice detailing several alleged deficiencies in TRG’s work. TRG declined to fix the problems asserting that its work was not defective. On September 2, 2005, D.C. Water terminated TRG’s contract for convenience.

Cresci Constr. Servs., Inc. v. Martin
2013 Pa. Super. LEXIS 154 (Pa. Super. Ct. Mar. 28, 2013)

Martin hired Cresci to build a home in exchange for $184,730. The Contract included a liquidated damages clause that applied if Martin canceled the contract before Cresci began constructing the home. The Contract did not include any other liquidated damage clauses.

United States of America ex rel Duncan Pipeline, Inc. v. Walbridge Aldinger Co.
2013 U.S. Dist. LEXIS 45982 ( S.D. Ga. Mar. 29, 2011)

This action arose out of a subcontractor’s claim for additional compensation for extra work. Walbridge Aldinger Co. (“Walbridge”), general contractor for the U.S. Army Corps of Engineers on construction project at Fort Stewart in Georgia (the “Project”), entered into a subcontract with Duncan Pipeline, Inc. (“Duncan”). Pursuant to the subcontract, Duncan was to supply labor and material for the Project’s water distribution system. Duncan began its work in August 2009, and shortly thereafter, Walbridge ordered work that Duncan considered to be outside the scope of the subcontract, including installation of bell restraints, additional excavation work, and remobilization of crews because of interferences encountered during excavation. Duncan performed the allegedly extra work in August and September 2009, and submitted a bond claim to Walbridge and its surety in May 2010.

Lydon-Millwright, Inc. v. Ernest Bock & Sons, Inc.
2013 U.S. Dist. LEXIS 65019 (E.D. Pa. May 7, 2013)

This case arises out of a construction project at the Philadelphia International Airport to install a baggage handling system. Bock was the general contractor. Bock contracted Lydon to install the mechanical portion of the baggage handling system. The parties’ purchase order required Lydon to submit a release of liens and claims with each monthly payment application. Over the course of the project, Lydon submitted 54 payment applications, all of which contained the required release of liens and claims.

SRC Constr. Corp of Monroe v. Atl. City Housing Auth.
2013 U.S. Dist. LEXIS 47301 (D.N.J. April 2, 2013)

The U.S. District Court for the District of New Jersey denied a defendant architect’s motion for summary judgment, holding that the economic loss doctrine applies only to bar tort claims between parties to a contract.

SAK Construction of CA, L.P. v. PSC Industrial Outsourcing, L.P.
2012 U.S. Dist LEXIS 123473 (E.D. Mo. 2012)

This action arose out of the Los Coyotes Water Reclamation Plant Interceptor Project in Los Angeles County, California. General Contractor, SAK Construction of CA, L.P. (“SAK”) was retained by the County to perform sewer rehabilitation work. SAK subcontracted with PSC Industrial Outsourcing, L.P. (“PSC”) to perform the inspection, cleaning, waste removal and disposal work on the Project. The Project consisted of rehabilitating 16 stretches or “shots” of pipeline.

Maisel v. Erickson Construction, Inc.
2012 U.S. Dist. LEXIS 108726 (D. Colo. August 3, 2012)

Plaintiff contracted with Charles Cunniffe & Assoc. Architects (“CCA”) for architectural services. Plaintiff separately contracted with Erickson Construction, Inc. (“Erickson”) for construction and general contractor services. No contract existed between CCA and Erickson.

Plaintiff sued both CCA and Erickson for various defects and design deficiencies, and asserted claims for breach of contract, breached of implied warranties, negligence and vicarious liability. Erickson cross-claimed against CCA for negligence, breach of contract (on a third-party beneficiary theory), indemnification and contribution.

Genesee/Wyoming YMCA v. Bovis Lend Lease LMB, Inc
2012 N.Y. App. Div. LEXIS 6358(N.Y. App. Div. Sept. 28, 2012)

The Genesee/Wyoming YMCA (“YMCA”) contracted with Bovis Lend Lease LMB, Inc. (“Bovis”) and Thomas Associates Architects & Engineers (“Thomas”) for the construction of a new swimming complex. Bovis was the construction manager for the project, and Thomas was the architect. Shortly after the project was completed, defects were discovered in the roof and insulation system. An inspection indicated that the roof and insulation system were defectively designed and that improper materials had been selected.