No Damage for Delay" Clause Not Enforceable
Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay”...
View ArticleArchitect Cannot Sue Construction Manager for Negligence
Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits,...
View ArticleCM Not Responsible for Jobsite safety or Liable to Contractor’s Employee for...
A construction manager (CM) is not liable for injuries suffered by a contractor’s employee where the CM’s contract with the project owner did not establish CM contractual responsibility for jobsite...
View ArticleExpert Testimony is Required to Prove Construction Management Failed to Meet...
A Court of Appeals in Texas ruled that expert testimony is required to establish the standard of care of a construction management firm since a lay person would not have sufficient knowledge of the...
View ArticleConstruction Manager is Immune from a Contractor’s Employee Personal Injury...
An individual who was employee of Company X, a firm that contracted with the project owner to perform electrical work at a construction site, fell from a forklift being operated by a project...
View ArticleContractor may sue construction manager for negligent misrepresentation and...
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred...
View ArticleContractor May Sue Construction Manager for Losses Due to Alleged Poor...
Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and...
View ArticleConstruction Manager Not Liable for Defective Work by Contractor
Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the...
View ArticleConstruction Manager is Immune from a Contractor’s Employee Personal Injury...
An individual who was employee of Company X, a firm that contracted with the project owner to perform electrical work at a construction site, fell from a forklift being operated by a project...
View ArticleContractor may sue construction manager for negligent misrepresentation and...
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred...
View ArticleNo Damage for Delay" Clause Not Enforceable
Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay”...
View ArticleArchitect Cannot Sue Construction Manager for Negligence
Where the project architect sued the construction manager (CM), asserting that that the CM negligently performance its services and thereby impacted the architect’s services, costs, fees, and profits,...
View ArticleCM Not Responsible for Jobsite safety or Liable to Contractor’s Employee for...
A construction manager (CM) is not liable for injuries suffered by a contractor’s employee where the CM’s contract with the project owner did not establish CM contractual responsibility for jobsite...
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