Daniel Marr & Son Co. v. Coreslab Structures, Inc. et al.
No. 03-1880, 2005 Mass. Super. LEXIS 545, (Mass. Supp. Nov. 21, 2005)
In Daniel Marr & Son Co. v. Coreslab Structures, Inc. et al., No. 03-1880, 2005 Mass. Super. LEXIS 545, (Mass. Supp. Nov. 21, 2005), plaintiff sub-subcontractor sued defendant subcontractor for various breaches of contract related to the construction and erection of precast concrete panels. The original scope of work dictated the erection of the precast panels would proceed on a floor-by-floor basis. During the project, the defendant order plaintiff to alter the erection sequence, requiring plaintiff to install the precast panels on an as-directed basis. Plaintiff subsequently asserted a claim for productivity inefficiencies related to the revised sequence and other issues. Defendant attacked Plaintiff’s damages calculations as an “unsegregated partial total cost claim.”
Continue Reading Massachusetts Court Equates Change in Construction Sequence with a Change in Scope, Awarding Inefficiency Damages Based on Modified Total Cost Claim

Trumbull Corp. v. Boss Constr., Inc. et al.
768 A.2d 369 (Pa. Commw. Ct. 2001)
The Pennsylvania Department of Transportation (“PennDot”) entered into a contract with A&L, Inc. (“A&L”) pursuant to which A&L agreed to serve as general contractor for a road resurfacing project. A&L obtained a labor and material payment bond from Safeco Insurance Company of America (“Safeco”). A&L also retained Boss Construction, Inc. (“Boss”) to serve as subcontractor for a portion of the work.
Continue Reading Pennsylvania Court Holds Payment Bond Claim Is Barred By Prompt Payment Act Defense