CBR's Archive contains the subject title of each Department and Column, and the title and author of each Article written since its debut. CBR is currently adding hotlinks to many of the titles listed. If you see a title that you would like to read and it's not currently active, please click on our ORDER button and place your request.

Volume 6 - No. 3

Insurer's Litigation Conduct Inadmissable to Show Bad Faith

Trial Court May Apportion Damages Attributable to the Respective Parties

A Supervising Architect May be Obligated to Indemnify an Owner Sued by an Injured Construction Worker

Volume 6 - No. 2

New York's Highest Court Rejects " Pay-When-Paid" Clauses

Arbitration Clause Not Binding on a Non-Signing Party

Discovery Permitted in Defense of Arbitration Award

Volume 6 - No. 1

Arbitration Award Against Project Owner does not Bar Contractor from Suing Architect

Architect's Deductive Change Evaluation Reversed

Contractor Who Engaged in Reckless Conduct Not Entitled to Indemnification

Volume 5 - No. 6

Court Holds Contractor Can Recover Economic Losses for Engineer Malpractice

Court Denies Writ of Mandamus Challenging Settlement of Lawsuit

U.S. 4th Circuit Rejects Subcontractor's Claim Against Performance Bond

Volume 5 - No. 5

Judicial Review of Arbitration Awards Expanded

Recovery Denied Where Soil Report was Excluded from Contract

Court Rejects Claim of Strict Liability Against Architect and Engineer

Volume 5 - No. 4

Construction Mangement Services Exempted from Competitive Bidding Requirement

Default Judgment Against Principle is not Determinative of Surety's Liability

Engineer had Duty to Protect Workers from Known Dangerous Conditions

Volume 5 - No. 3

Court Refuses to Review Judgment of Panel Authorized by Contract

Engineer not Permitted to Testify as to Standard of Care for Architects

Statements Made by Litigants During Mediation Ruled Inadmissible at Trial

Volume 4 - No. 6

Subcontractors Ordered to Join Arbitration Between Owner and General Contractor

Subcontractor Not Entitled to Previously Exonerated Engineer

Subcontractor Forced to Indemnify Contractor Despite Contractor's Negligence

Volume 4 - No. 5

Failure to Declare Default Relieves Surety of Liability

Supervising Engineer Held Liable to Contractor for Economic Losses

"Economic Loss Rule" Bars Construction Manager's Suit Against Architect

Volume 4 - No. 4

"Women-owned" Business Denied Government Contract

Unit Owner has Standing to Sue Developer for Common Area Defects

Construction Manager Not Contractually Obligated to Pay Trade Contractor

Volume 4 - No. 3

Liquidated Damages Allowed After Substantial Completion

No-Damages-For-Delay Clause Enforced Against General Contractor

Federal Court Authority to Compel Alternative Dispute Resolution Denied

Volume 4 - No. 2

Surety Denied Profits on Takeover of Principal's Contract

Contractor Fails to Show Disputes Act Claim

Contractor May Offset Miller Act Claim

Volume 4 - No. 1

Contractor's Lost Profits Claim Denied

Government Contract Ambiguity Creates Duty to Inquire

No Damages Clause Did Not Apply to Constructive Acceleration

Volume 3 - No. 6

General Contractor's Association has Standing to Challenge City's Affirmative Action Ordinance

Builder Liable for Injuries to Subcontractor's Employee Under Illinois Structural Work Act

Volume 3 - No. 5

Liability Under 130 Year-Old Federal Statute Threatens Open Shop Contractors

Wisconsin Court Bars Contract Claim for Latent Construction Defect

Volume 3 - No. 4

Court Refuses to Enforce Tolling Agreement Under New York Law

Limitation of Liability Clause Upheld Against Owner

Eichleay Formula Not Applied to Additional Work Claim

Volume 3 - No. 3

Court Denies Contractor Right to Arbitrate with School Board

Contractor Prohibited from Bringing Claim for Delay Caused by Separate Contractor

Local Government not Liable for Breach of Contract by Agency It Created

Volume 3 - No. 2

Lapsed CGL Policy Covers Repairs to Defective Plumbing System

Prime Not Responsible to Sub Contractor for Delays of Others

Excavating Contractor Liable for Spreading Contaminated Soil

Volume 3 - No. 1

Court Upholds Disclaimer of Engineering Warranty and $50,000 Liability Limitation

"Pay When Paid" Clause Upheld; Prime Not Liable for Negligent Misrepresentation of Owner's Financial Strength

Court Defines Contract Disputes Act Requirements for Stating a "Claim"

Contractor's 10-Month Procedural Delay Causes Waiver of Arbitration Rights

Volume 2 - No. 6

Surety's Lack of Reasonable Cause Leads to Penalty

Miller Act Surety's Liability for Delay Damages and Termination Costs Limited by Fifth Circuit

General Contract Provisions, Incorporated into Sub-Subcontract, Required Lien Waivers

Joint-Pay Agreement Between Subcontractor and Supplier does not Relieve Subcontractor of Duty to Pay

Arbitrators Who Learn that One Party will not Pay the Other's Fees Must be Disqualified

Contractor Properly Terminated for Abandonment Without Correcting Deficiencies

Volume 2 - No. 5

State Required to Compensate Contractor for Interest Expense Associated with Extra Work

Contractor Had Duty to Inquire About "Patent Ambiguities"

Developer Indemnified by Subcontractors for Construction Defects Despite Defrauding Owners

Indemnification Clause Protected School District Against Its Own Active Negligence

EPA Guidelines Incorporated Into Contract Limit Contractor's Delay Damages

Volume 2 - No. 4

Engineer's Lack of Control Bars Liability to Adjacent Property Owner

Contract's Deviation from Specifications No Defense to Claim for Negligent Design

Sanitary District Required to Use Its Powers to Avoid Delays; Total Cost Method Approved

City's Agreement to "Assist" Developer Created No Enforceable Duties

Eichleay Formula Disapproved Where Direct Costs Can Be Marked Up

Volume 2 - No. 3

Payment Bond Covers Cost of Personnel and Equipment Held in Reserve

Contractual Disclaimer Prevents Contractor From Recovering Damages Because of Differing Soil Conditions

Government Contractor Had Duty to Inform Subcontractor of Suspected Bid Error

Federal Rule Allowing Punitive Damages Applies to Arbitration Despite Prohibition Under New York Law

EAJA Does Not Cover Consultants Fees Incurred Before Court Action

Volume 2 - No. 2

Arbitration Clause Superseded by Settlement Agreement

Engineer and Owner Have No Duty to Exercise Reasonable Care for the Safety of Contractor's Employees

Contractor Cannot Assert Architect's Lien Based on Design Build Agreement

Surety Can Compel Arbitration if Bond Incorporates Construction Contract

Architect Liable to Condominium Owners Without Contractual Relationship

Mechanic's Lien Based on Delay Damages Cannot be Enforced

Volume 2 - No. 1

New York Enforces "No-Damages-For-Delay" Clause

Contract Provision Requiring That Claims for Owner Delays be Referred to Architect Failed to Place Obligation on Contractor

"Jury Verdict Method" Rejected as Proof of Damages

Construction Lender Bound by Arbitration Clause in Owner/Contractor Contract

Volume 1 - No. 6

Surety Barred from Collecting Security for Possible Warranty Claim

Court May Substitute Reasonable Bid Under Total Cost Method of Proving Damages

Owner Entitled to Recover Contract Payments From Unlicensed Contractor

Contractor Allowed to Appeal Nonmonetary Claims to Board of Contract Appeals

Volume 1 - No. 5

Bidder's Error Could Be Waived

Surety Not Bound to Subcontractor by the Covenant of Good Faith and Fair Dealing

Owner Not Entitled to Seek Recovery From Manufacturers of Contaminated Transformers for Clean up Costs

Owners Waive Right to Arbitration by Participation in Litigation

Surety Liable for Owner's Attorney's Fees in Arbitration Proceedings

Architectural Firm's Advice on Tiles is Breach of Implied Warranty