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Articles Posted in Construction Contracts

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$74 Million Jury Verdict in Negligent Resurfacing Project Caused Wrongful Death

Amy Skiba, 43, was driving with two children, both 12 years old, when an oncoming driver lost control of his vehicle, crossed the center line, and struck Skiba’s vehicle head-on. Skiba suffered fatal injuries. She was survived by her husband and three children, one of whom is an adult. Skiba’s…

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State Appellate Court Affirms Judgment in Breach of Contract and Quantum Meruit Lawsuit

Jefferson City Retirement LLC (“JCR”) appealed from the circuit court’s judgment in favor of Twehous Excavating Inc. on its claims for breach of contract and quantum meruit. JCR contended that the court erred in granting Twehous’s relief on both claims because the claims were mutually exclusive and inconsistent as a…

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U.S. Court of Appeals Affirms Defense Verdict Over Issue of Duty Owed to Injured Worker

Victoria Jeffords sued defendant BP Products North America, the operator of an oil refinery, Fluor Constructors International, the engineering and construction manager and MC Industrial. She claimed that her husband, Donald Jeffords, had been injured when he was employed by Central Rent-a-Crane, which BP contracted with to provide crane services.…

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Insurer Wins in Coverage Case of Injured Construction Worker

Victoria Metal Processor Co. bought an insurance policy from Nautilus Insurance Co. to provide insurance coverage to Vivify Construction for accidents involving negligence by Victoria for a construction project in which Vivify was the general contractor. Nautilus refused to cover a lawsuit filed by a Victoria Metal Processor employee, Pablo…

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U.S. Court of Appeals Decides Choice of Law Provision in Indemnification Third-Party Complaint After Explosion Seriously Injures Worker

Plaintiffs Lenny and Tracy Chapman filed a lawsuit against Hiland Partners GP Holdings LLC, et al. who owned and operated a natural gas plant in North Dakota. Missouri Basin offers trucking services to gas companies in North Dakota. Hiland entered into a Master Service Contract (Hiland MSC) with Missouri Basin…

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Illinois Appellate Court Finds Construction-Related Contract Void

Heron Salgado was a construction worker employed by Abel Building & Restoration. He was assigned to work at a job site at 51st Street on a scaffold that was designed, built, erected and maintained by the defendant Designed Equipment Corp. While working at that construction site, he was injured twice.…

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Illinois Appellate Court Holds Insured Contract Void Under Construction Contract Indemnification for Negligence Act

Heron Salgado, a construction worker, was employed by Abel Building & Restoration in January 2011 when he was assigned to work at a job site at 51st Street. He was working on a scaffold design that was built, erected and maintained by Designed Equipment Acquisition Corp. While he was working…

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Backing Truck Strikes Pedestrian, Resulting in $127,000 Cook County Jury Verdict

Sandra Gibbs hired the defendant Blu-Sky Industries to do work on a septic tank on her property at 30658 S. Ashland Ave. in Beecher, Ill. The Village of Beecher is located in Chicago-area suburbs in Will County, Ill. On Dec. 8, 2009, Gibbs, 31 years old at the time, stood…

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Condominium Association Claims Faulty Masonry Work Caused Leaks in Construction

Late in 2002, the developer of 1717 S. Prairie Ave. in Chicago, Ill., retained the defendant Hansen & Hempel Co. to complete the masonry work for a 23-story condominium complex. When the building was nearly finished in March 2004, it started to experience water leakage. The condominium association, Board of…

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U.S. Court of Appeals Reverses Trial Court on the Issue of Whether a Federal Court Can Ignore a State Court Judgment on the Grounds that the State Court Did Not Have Jurisdiction

Robert Lodholtz was seriously injured in 2011 while working at a plant owned by Pulliam Enterprises in Indiana. Lodholtz filed a personal-injury lawsuit against Pulliam in the Indiana state court. Pulliam called on Granite State Insurance Co., its primary liability insurer, along with New Hampshire Insurance Co., to defend and…

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