A masonry subcontractor who successfully defended a lawsuit brought by a general contractor collected $1.1 million on his counterclaim after an arbitration panel ruled he was not at fault for holding up the project. The contractor had brought claims for ...

Tagged with: Arbitration general contractor subcontractor

Bost Construction Co. v. Blondy Even though the plaintiff-homeowner did not contend that the third-party defendant-subcontractor was responsible for the problems with her fireplace, the defendant-contractor forecasted evidence that the problems were, in fact, caused by the subcontractor

Tagged with: subcontractor

Rider v. Aderhold Even though a bank employee promised to be the plaintiff-borrowers’ eyes and ears while their home was being built, the bank did not owe plaintiffs a fiduciary duty. The loan agreement clearly states that the bank had no fiduciary or other special relationship with plaintiffs.

Tagged with: subcontractor

Southern Seeding Service, Inc. v. W.C. English, Inc. The plaintiff-subcontractor’s invoice and accompanying itemized accounting of all of the actual costs it incurred after the original contract completion date are adequate to support the trial court’s finding that the subcontractor’s cost calculation is correct.

Tagged with: subcontractor

Lamb v. D.S. Duggins Welding, Inc. Where a subcontractor’s work on a construction project was completed and accepted by the contractor, and where the subcontractor’s work was later changed by the contractor, the subcontractor cannot be sued for negligence by an employee of the contractor.

Tagged with: Contract subcontractor Tort/Negligence

Miller & Long, Inc. v. Intracoastal Living, LLC The plaintiff-subcontractor and the defendant-contractor built four buildings in the project at issue. As to the first two buildings, the contractor’s project manager certified to the project owner that the subcontractor’s work on the buildings was 100 percent complete on June 1, 2007, and the project architect made the same certification. The contractor cannot change its position at this late date and has waived any challenges to the subcontractor’s work on the first two buildings. The subcontractor’s motion for partial summary judgment against the contractor is granted in part.

Tagged with: Construction Project Contract subcontractor

New Bern Riverfront Development, LLC v. Weaver Cooke Construction, LLC Even though the plaintiff-developer does not allege that defendant National Erectors Rebar, Inc. was a licensed architect, engineer or surveyor, plaintiff does allege that National Erectors was required to "design and construct" certain components of plaintiff's project and owed plaintiff a duty to perform the design and construction "consistent with the standard of care applicable to ... [an] engineer, or architect...." Plaintiff also alleges this duty was breached and proximately caused damage to plaintiff.

Tagged with: subcontractor