Category: Dispute Resolution

Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions

Donald A. O’Brien – April 7, 2014 JEM Contracting, Inc. v. Morrison-Maierle, Inc., 373 Mont. 391, 318 P.3d 678 (Jan. 28, 2014) Plaintiff contractor was hired by two Montana Counties (“the Counties”) to work on a road construction project. Defendant engineering company was hired by the Counties to provide engineering services and supervision on the… Continue reading Engineer Not Liable for Telling Contractor it Would be Paid for Differing Conditions

Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?

Jeffrey W. Post – January 27, 2014 In Bruce Martin Constr., Inc. v. CTB, Inc., 735 F.3d 750 (8th Cir. 2013), the Eighth Circuit considered whether a design defect breaches an express warranty against “defects in material or workmanship.” Id. at 753. The product at issue was a system that automated the process of unloading… Continue reading Square Peg Meet Round Hole – Do Design Defects Breach a Warranty Against Defects in Material or Workmanship?

Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances

David Zaslowsky and Grant Hanessian – January 28, 2014 Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, 134 S. Ct. 568 (2013) [click for opinion] Atlantic Marine Construction entered into an agreement with J-Crew Management for a construction project in Texas.  The agreement included a forum-selection clause which… Continue reading Supreme Court Rules that Courts Must Give Controlling Weight to a Forum Selection Clause by Transferring the Action to the Selected Forum in all but the Most Exceptional Circumstances

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