Anthony C. Sallah

D.C. Circuit Favors Contractual Text Over Construction Norms in Design-Build Dispute

by: Anthony Sallah

On June 30, 2017, the D.C. Circuit Court of Appeals affirmed a district court’s grant of summary judgment in favor of an architecture and design firm. The D.C. Circuit held that a general contractor’s breach of contract claim was barred by the statute of limitations, and that the contract’s indemnification clause did not apply as between two contracting parties.

In Hensel Phelps Construction Company v. Cooper Carry, Inc., a design firm initially […]

2017-07-17T11:35:04+00:00 July 17th, 2017|0 Comments

GENERAL CONTRACTOR FAILED TO PRESENT EVIDENCE OF BAD FAITH AGAINST SURETY, SIXTH CIRCUIT SAYS

by: Anthony Sallah
On November 7, 2016, the Sixth Circuit Court of Appeals affirmed a judgment in favor of a surety on a Michigan public construction project as against the general contractor. In affirming, the Sixth Circuit held that the general contractor failed to present sufficient evidence of bad faith on the part of the surety, who settled the general contractor’s claims with the State of Michigan allegedly without the contractor’s knowledge.

In Great […]

2016-11-29T13:50:33+00:00 November 22nd, 2016|0 Comments

OHIO APPELLATE COURT HOLDS THAT AGGRIEVED CUSTOMER HAS STANDING TO PURSUE BOND CLAIM AGAINST SURETY

On September 8, 2016, the Eighth District Court of Appeals reversed a trial court’s holding granting summary judgment in favor of a surety that had issued a bond to a contractor, ruling that the aggrieved customer had standing to pursue a bond claim issued by the surety. Koster v. Mohammed Chowdhury, 8th Dist. No. 103489, 2016-Ohio-5704. The court held that the parties had intended that the bond issued by the surety was intended […]

2016-11-29T13:50:33+00:00 September 26th, 2016|0 Comments

NEW JERSEY APPEALS COURT HOLDS THAT PRE-SUIT NOTICE OF TORT CLAIM NEED NOT BE SERVED ON A GOVERNMENT CONTRACTOR

On April 14, 2016, a New Jersey appellate court reversed the trial court’s dismissal of Plaintiff Gina Marie Gomes’s six-count tort complaint against the County of Monmouth and Correct Care Solutions, Inc. (“CCS”). Gomes v. Cty. of Monmouth, No. A-1679-14T4, 2016 N.J. Super. LEXIS 52 (Super. Ct. App. Div. Apr. 14, 2016). The New Jersey appeals court’s decision has widespread importance for New Jersey private government contractors. Government contractors must now recognize that they are […]

2016-11-29T13:50:33+00:00 August 23rd, 2016|0 Comments

SMALL BUSINESS ADMINISTRATION MODIFIES REGULATIONS RELATING TO IDENTITY OF INTEREST AFFILIATION

On May 31, 2016, the Small Business Administration (“SBA”) issued its long awaited final rule regarding affiliation based on an identity of interest under 13 C.F.R. § 121.103(f).  Specifically, the final rule amends the SBA’s regulations concerning identity of interest arising out of family relationships and economic dependence.  With respect to familial relationships, the final rule expressly limits the type of familial relationships potentially giving rise to affiliation, and additionally provides a rebuttable presumption for […]

2016-11-29T13:50:33+00:00 August 23rd, 2016|0 Comments