Recent Articles

Contractual Limitation of Liability in Engineer / Survey Contract Upheld

Kirkpatrick & Lockhart Preston Gates Ellis LLP
January 06, 2009 20:02

Blaylock Grading Co., LLP v. Smith, 658 S.E.2d 680 (N.C. Ct. App. 2008) In this case, a grading contractor sued a surveyor (who was also an engineer) for breach of contract and negligence regarding mistakes in surveying work which resulted in the contractor having to incur costs to import fill to...

Dallas Ordinance Promotes Sustainable Development

Kirkpatrick & Lockhart Preston Gates Ellis LLP
November 10, 2008 18:15

Dallas partner Paul E. Ridley appears as a guest columnist in this month’s issue of Texas Construction Magazine, a McGraw-Hill Construction publication. Appearing in the November 2008 issue, this article explores a new green building ordinance in Dallas the first phase of which will require...

Increased Costs Due to Inaccuracy of Contract Drawings Are Recoverable

Kirkpatrick & Lockhart Preston Gates Ellis LLP
October 01, 2008 22:29

Golomore Assoc. v. N.J. State Highway Auth., 413 A.2d 361, 173 N.J. Super. 55 (N.J. Super. Ct. App. Div. 1980) In this case, the court evaluated a claim by a contractor and subcontractor against the State for additional costs of construction. Plaintiffs claimed that the increased costs were due to...

Contracts Cancelled Because of Illegal Actions May be Unenforceable

Kirkpatrick & Lockhart Preston Gates Ellis LLP
July 31, 2008 01:24

FCI Group, Inc. v. City of New York, 2008 WL 2796591 (N.Y. App. Div. July 22, 2008) In this case, plaintiff contractor sued to recover the outstanding balance for work already completed on a construction project after the city cancelled the contract because of plaintiff’s attempted...

K&L Gates Arbitration World, Summer 2008

Kirkpatrick & Lockhart Preston Gates Ellis LLP
July 25, 2008 18:41

By K&L Gates attorneys Ian Meredith, John L. Boos and others. Arbitration World is an update for clients and contacts on recent development in international arbitration law and practice. Welcome to the Sixth Edition of Arbitration World, a publication from K&L Gates’ Arbitration...

Washington's Limited Liability Company Act is Applicable Retroactively and Permits Liability for Individual LLC Members or Managers

Kirkpatrick & Lockhart Preston Gates Ellis LLP
July 01, 2008 23:10

Emily Lane Homeowners Ass’n v. Colonial Dev., LLC, 139 Wash. App. 315, 160 P.3d 1073 (2007)In this case, Emily Lane Homeowners Association sought damages against Colonial Development, LLC and its individual company members and managers.  Emily Lane alleged that members of Colonial failed...

Finding No Bad Faith, Court Enforces Termination for Convenience and Conversion Provisions Included in Parties' Contract

Kirkpatrick & Lockhart Preston Gates Ellis LLP
June 23, 2008 20:30

Stony Brook Constr. Co. v. Coll. of N.J., 2008 WL 2404174 (N.J. Super. Ct. App. Div. June 16, 2008) This appeal arose out of a lawsuit filed by a contractor, Stony Brook Construction Co. and its surety, Fidelity & Deposit Company of Maryland (F & D), against The College of New Jersey...

Pay-When-Paid Clause Does Not Shift Risk of Non-Payment to Subcontractor

Kirkpatrick & Lockhart Preston Gates Ellis LLP
June 21, 2008 01:33

Otis Elevator Co. v. Hunt Constr. Group, Inc., 859 N.Y.S.2d 850 (N.Y. App. Div. 2008) In this case, plaintiff subcontractor sought damages resulting from an alleged breach by defendant general contractor for payments due under the subcontract.  Both parties moved for summary judgment. ...

Showing that Adequate Safety Devices were Absent is Sufficient to Establish Prima Facie Liability under NY Labor Law ยง240(1)

Kirkpatrick & Lockhart Preston Gates Ellis LLP
June 20, 2008 01:43

McCarthy v. Turner Constr., Inc., 859 N.Y.S.2d 648 (N.Y. App. Div. 2008) In this case, plaintiff brought claims under Labor Law §240(1) for injuries sustained when the unsecured ladder he was standing on to drill holes in the ceiling tipped over and he fell to the floor.  The Supreme...

Self-Performance by General Contractor Forbidden under New Jersey Community College Contracts Law

Kirkpatrick & Lockhart Preston Gates Ellis LLP
June 18, 2008 00:40

D.A. Nolt, Inc. v. Camden County Coll., 2008 WL 2277095 (N.J. Super. Ct. App. Div. June 5, 2008) (Unpublished)  In this case, a general contractor sued its client for breach and sought declaratory judgment when the college refused to allow the general contractor to self-perform work that had...