Incorporation of contract by reference binds surety to arbitration
Article Abstract:
The case of Boys Club of San Fernando Valley Inc vs Fidelity and Deposit Company of Maryland involved the issue of whether an arbitration agreement provided in a construction contract incorporated by reference to a performance bond can compel a surety to participate in the said arbitration process. Fidelity had opposed Boys Club's efforts to include it in the arbitration of the latter's dispute with the contractor of its recreation facility. The California Court of Appeals ruled infavor of Boys Club, citing that such provisions reflected the intent of parties, including the surety, to arbitrate disputes.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1993
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A/E that provides inspection services only not subject to OSHA construction standards
Article Abstract:
The court decision in the case of Occupational Safety and Health Administration (OSHA) against Foit-Albert Associates, Architects and Engineers states that the A/E firm hired to inspect the construction site is not responsible for any damages caused due to the violation of construction standards. The court also rejected the allegation that Foit-Albert associates which acted as a construction manager is responsible for the violation of construction standards. OSHA filed a case against Foit-Albert in 1992 after a form collapsed during construction undertaken in the State University of New York.
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1995
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Proof of damages for loss of bonding capacity
Article Abstract:
Building developers' failure to pay money to the contractor on time reduces the contractor's working capital and the bonding capacity of its work. The courts of a few states have accepted claims for damages for lost profits due to reduced bonding capacity. Reduced bonding capacity decreases the amount of additional work that a contractor can take. A specific case of failure of payment in S.C. Anderson, Inc v. Bank of America in California is discussed
Publication Name: Civil Engineering
Subject: Science and technology
ISSN: 0885-7024
Year: 1995
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