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1,033 results on '"Loulakis, Michael C."'

13. Who Is Entitled to Sovereign Immunity?

Author

Loulakis, Michael C. and McLaughlin, Lauren P.

Subjects
*REASONABLE care (Law), *ENGINEERING standards, *CONSTRUCTION projects, *GOVERNMENT liability, *CIVIL engineering, *ROAD closures
Abstract

This article discusses the concept of sovereign immunity in the context of engineering firms and their potential liability in lawsuits involving personal injury or death of construction workers. The article examines a recent case in Florida where an engineering firm, HNTB Corp., argued for sovereign immunity as a defense. The court ultimately ruled in favor of HNTB, stating that as a state agency, they were immune from suit unless they acted outside the scope of their employment or exhibited wanton and willful disregard for human rights or safety. The article emphasizes the importance of understanding sovereign immunity when seeking remedies against state agencies or their agents. [Extracted from the article]

Published
2024

20. You Pick the Material, You Bear the Risk.

Author

Loulakis, Michael C. and McLaughlin, Lauren P.

Subjects
*ENGINEERING contracts, *ENGINEERS, *CONSTRUCTION contracts
Abstract

The article discusses a legal case, Tanger Grand Rapids LLC v. Rockford Construction Co., which highlights the importance of the Spearin doctrine in construction law. The doctrine implies that owners warrant the accuracy and suitability of design documents provided to contractors. In this case, Tanger hired Rockford to construct a parking lot using on-site materials, but the materials were found to be unsuitable, leading to deformities in the pavement. Tanger sued Rockford, the civil engineer, and the geotechnical consultant, but the court ruled in favor of Rockford, stating that the contract did not require Rockford to provide materials and that the responsibility for testing the materials rested with the geotechnical consultant. The article emphasizes the importance of limitation of liability clauses in design professional contracts. [Extracted from the article]

Published
2024

36. What Is a Contractor Supposed to Do with Information That Is Not Part of the Contract?

Author

Loulakis, Michael C. and Mclaughlin, Lauren P.

Subjects
*CONTRACTS, *CONGREGATE housing
Abstract

The article discusses the issue of contractors receiving information that is not part of the contract and how they should handle it. These reference documents, such as geotechnical reports and studies, are often provided by owners during the bidding process but are not considered contract documents. The reason for this is that owners may view these documents as unreliable and including them as contract documents could expose them to claims. The article presents a case study where a contractor failed to follow recommendations in a soils report, leading to problems with the construction. The Wyoming Supreme Court determined that there were material questions of fact regarding the interpretation of the contract and whether the contractor's actions contributed to the damages. The case was sent back to the trial court for further determination. [Extracted from the article]

Published
2024

48. To Recover Liquidated Damages, Make Sure You Do the Basics.

Author

Loulakis, Michael C. and McLaughlin, Lauren P.

Subjects
*DAMAGES (Law), *BREACH of contract, *BURDEN of proof
Abstract

This article discusses the concept of liquidated damages (LDs) in construction contracts. LDs are a remedy established in a contract to address what happens if something goes wrong. They are most commonly associated with late completion of projects and are expressed in terms of a dollar value per day of delay. The article provides a case study of City of Brookhaven v. Multiplex LLC, where the court found the LD clause unenforceable because it lacked language indicating that the LD amount was not intended to be a penalty and there was no evidence of a reasonable estimate of the probable loss resulting from a delay. The article emphasizes the importance of establishing a reasonable method for determining LDs and documenting the precontract record. [Extracted from the article]

Published
2023

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