John T. Jones Construction Co. v. Hoot General Construction Co., Inc., No. 09-1493. Facts The Des Moines Metropolitan Wastewater Reclamation Authority (“WRA”) solicited bids for restoration of one of its wastewater treatment facilities. The project specifications required that liners be installed in the wastewater holding tanks to prevent erosion of the concrete interiors of those [...]
Archive for the ‘Construction Law’ Category
Eighth Circuit finds that subcontractor accepted general contractor’s counteroffer by fulfilling the other terms of the subcontract.
Posted in Construction Law, Contract Law, tagged acceptance, counteroffer, offer on August 5, 2010 | 5 Comments »
Thanks to Construction Management Schools for including Downtown Lawyer in your Resources on State Construction Laws page.
Posted in Construction Law, tagged Construction Management Schools on April 14, 2010 | Leave a Comment »
Here’s the link. What a great resource! So glad to be included.
Arkansas Court of Appeals rejects repair doctrine to toll statute of limitations for construction defects.
Posted in Construction Law, Practice & Procedure, tagged construction defect, installation defect, product defect, repair doctrine, statute of limitations on March 17, 2010 | 3 Comments »
Carlson v. Kelso Drafting & Design, Inc., No. CA08-1327. Bill and Jane Carlson hired Kelso Drafting & Design, Inc. (“Kelso”) to design and construct a custom-built home, including a concrete-tile roof. Kelso hired a roofing company to install the roof. Construction was completed in 2002. After the Carlsons moved into the home, they noticed leaking [...]
Arkansas Court of Appeals explains that a contract is severable when different parts of performance are individually priced.
Posted in Construction Law, Contract Law, tagged land purchase contract, real estate development, severability on January 7, 2010 | 1 Comment »
Elder Construction Co. v. Ivey Lane, LLC, No. CA09-63. In 2003, Elder Construction Company (“Elder”) and Ivey Lane, LLC (“Ivey Lane”), entered into a contract for Elder to purchase sixteen unimproved residential lots in the Enclave Subdivision of Springdale from Ivey Lane for a total purchase price of $1,282,400. Each of the lots available in [...]
Eighth Circuit holds that executing on a surety bond requires only but-for causation.
Posted in Arbitration, Construction Law, Contract Law, Insurance Law on February 4, 2009 | Leave a Comment »
Spirtas Co. v. Ins. Co. of the State of Penn., No. 07-1547. Contracts A contractor entered into a $2.8 million agreement with a property owner to remove asbestos from the property. The remediation contract contained an arbitration clause. The property owner required the contractor to obtain a $2.8 million surety bond for the work. The [...]
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Recent Posts
- Seventh Circuit holds that indigent plaintiff’s lawsuit should not have been dismissed solely because he was unable to pay a court-imposed sanction.
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