Cambridge Massachusetts Building Expert Directory

Does the UCC Apply to the Contract for the Sale of Goods and Services

July 03, 2022 — David Adelstein - Florida Construction Legal Updates
What governs the transaction for the hybrid contract that includes both goods and services–the Uniform Commercial Code (UCC) or the common law? A question that is asked in numerous disputes. A good example is the recent case out of the Eleventh Circuit Court of Appeals, Wadley Crushed Stone Company, LLC v. Positive Step, Inc., 2022 WL 1639011 (11th Cir. 2022), dealing with Alabama law. In this case, the plaintiff (buyer) wanted to build a granite plant in Alabama that would process 500 tons of granite per hour. The plaintiff reached out to a defendant company to start the process of building a granite plant. The defendant company engaged vendors and professionals in the due diligence process to determine the equipment the plaintiff would need. After this due diligence, plaintiff and defendant entered into a contract that included equipment and services. Thereafter, the parties modified the contract to reduce the amount for the erection, installation, and electrical work (about $1.5 Million) as plaintiff planned to independently hire the contractor to perform that work. The modified contract was worth $4,059,224.43 of which there were 25 lines items for equipment totaling $3,887,274.43 with the balance (less than 5% of the contract amount) for engineering (done by a third party), installation, setup, and calibration of scales. Read the court decision
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Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
Mr. Adelstein may be contacted at dma@kirwinnorris.com

Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

September 23, 2024 — Payne & Fears LLP
Scott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho. “We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.” Get to Know Scott What activities do you enjoy outside of work? Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano. Read the court decision
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Reprinted courtesy of Payne & Fears LLP

Defense Owed to Insured Subcontractor, but not to Additional Insured

December 13, 2022 — Tred R. Eyerly - Insurance Law Hawaii
Affirming the district court, the Eleventh Circuit agreed that the insured subcontractor was entitled to a defense against claims of faulty workmanship, but no defense was owed to the additional insured subcontractor. Cincinnati Spec. Underwriters Ins. Co. v. KNS Group, LLC, 2022 U.S. App. LEXIS 27949 (11th Cir. Oct. 6. 2022). The general contractor on a project to build a casino and hotel hired GM&P Consulting and Glazing Contractors, Inc. (GM&P) to provide exterior glazing for the building. GM&P enlisted subcontractor KNS to assist it by glazing glass and installing window walls. KNS agreed to provide commercial general liability and other types of insurance, and to indemnify GM&P for liability for damages caused by any of its acts or omissions. KNS acquired a policy from Cincinnati. The casino filed suit against the general contractor and subcontractors, alleging that GM&P installed defective "Glass Facade" and improperly installed windows. GM&P filed a Hird-party complaint against KNS due to KNS's alleged defective construction of the casino. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Your Contract is a Hodgepodge of Conflicting Proposals

January 06, 2016 — Craig Martin – Construction Contractor Advisor
Ouch. That’s what a court called a contract to remediate petroleum contamination at a number of gas stations in New York. Sometimes, it’s hard to believe the contracts that get signed. Environmental Risk hired Science Applications to remediate petroleum contamination at 47 gas stations. Environmental Risk had previously entered into a Professional Services Master Agreement with Science Applications, but also required Science Applications to sign three separate, but basically identical, subcontracts called the Project Specific Scopes of Work. So, right from the start, there were four contracts that could apply to Science Applications’ work. Read the court decision
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Reprinted courtesy of Craig Martin, Lamson, Dugan and Murray, LLP
Mr. Martin may be contacted at cmartin@ldmlaw.com

Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

April 11, 2018 — Tred R. Eyerly - Insurance Law Hawaii
The insured's suit against his broker for securing a policy with insufficient policy limits was dismissed when filed more than two years after the alleged professional negligence occurred. Pritchard v. Andy Houghton Ins. Agency, 2018 Cal. App. Unpub. LEXIS 1160 (Cal. Ct. App. Feb. 20, 2018). Pritchard requested coverage for replacement of his property in the event of a total loss by fire. He obtained a policy from Houghton. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

October 21, 2015 — Tred R. Eyerly – Insurance Law Hawaii
In responding to a certified question from the U.S. Distric Court, the Hawaii Supreme Court determined that an excess carrier can sue the primary carrier for failure to settle a claim in bad faith within primary limits. St. Paul Fire & Marine Ins. Co. v. Liberty Mut. Ins. Co., 2015 Haw. LEXIS 142 (Haw. June 29, 2015). St. Paul, the excess carrier, and Liberty Mutual, the primary carrier, issued polices to Pleasant Travel Service, Inc. The primary policy covered up to $1 million. Pleasant Travel was sued for damages resulting from an accidental death. St. Paul alleged that Liberty Mutual rejected multiple pretrial settlement offers within the $1 million primary policy limit. A trial resulted in a verdict of $4.1 million against Pleasant Travel. The action settled for a confidential amount in excess of the Liberty Mutual policy limit. St. Paul paid the amount in excess. Read the court decision
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
Mr. Eyerly may be contacted at te@hawaiilawyer.com

Modified Plan Unveiled for Chicago's Sixth-Tallest Tower

February 15, 2018 — Jeff Yoders – ENR
The Chicago Plan Commission on Jan. 18 approved a $700-million development that, as presented, would include the city’s sixth-tallest building. Read the court decision
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Reprinted courtesy of Jeff Yoders, Engineering News-Record
Mr. Yoders may be contacted at yodersj@enr.com

Safeguarding the U.S. Construction Industry from Unfair Competition Abroad

November 07, 2022 — Ric Macchiaroli - Gravel2Gavel Construction & Real Estate Law Blog
In April 2015, the U.S. International Trade Commission (ITC) issued an exclusion order prohibiting the importation of certain foreign-made crawler cranes into the United States for a period of at least 10 years. That order was the result of a 20-month investigation by the ITC, initiated by a Wisconsin-based crane manufacturer based on allegations of patent infringement and trade secret misappropriation by a China-based company. Defined by powerful injunctive remedies, unique rules, and a lightning-fast docket, the ITC can help protect American industry from unfair acts in the importation of articles into the United States. This post explores the traits that make the ITC an attractive venue for potential complainants. ITC Site Plan The ITC is a specialized trade court located in Washington, D.C., that has broad authority to investigate and remedy unfair trade practices. One of the ITC’s primary functions is to conduct unfair import investigations, also known as “section 337” investigations, after the authorizing statute. A section 337 investigation can be instituted based on any number of unfair acts, including, but not limited to, patent infringement (utility and design), registered and common law trademark infringement, copyright infringement (including violations of the Digital Millennium Copyright Act), trade dress infringement, and trade secret misappropriation. Business torts such as passing off, false advertising, and tortious interference with business relations have also formed the bases of investigations. Read the court decision
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Reprinted courtesy of Ric Macchiaroli, Pillsbury
Mr. Macchiaroli may be contacted at ric.macchiaroli@pillsburylaw.com

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