Law Commons^™

Construction Law, Brian J. Morrissey

Mercer Law Review

As the construction industry moved through its recession, a number of issues eventually percolated their way through the appellate courts. Not surprisingly, once projects began going under, many of these cases focused on novel theories seeking to impose liability against "deep pockets."

The most significant event during the survey period was the development of a unique approach to impose liability against the government for the insolvency of sureties presented on public works projects, and the abrupt reversal of the adoption of this theory by the Georgia Supreme Court.

Also during the survey period, there were a number of attempts to …

United Structures V. G.R.G. Engineering: Set-Off V. Recoupment In Miller Act Payment Bond Disputes, Dennis M. Sponer

BYU Law Review

No abstract provided.

The Ties Of Natural Justice: Restoring Quantum Meruit For Contractors In Washington, Adam B. Brotman

Washington Law Review

Under Washington case law, quantum meruit is an appropriate means of recovery for contractors when substantial changes occur that are not covered by the contract and were not contemplated by the parties. The Nelse Mortensen and Hensel Phelps decisions severely limited quantum meruit by precluding contractors from recovering under this doctrine as a matter of law. This Comment examines how these two cases are at odds with the historical and philosophical underpinnings of quantum meruit, and with the Washington Supreme Court's decision in Berg v. Hudesman. Rather than apply Hensel Phelps's plain meaning analysis, future quantum meruit decisions should follow …

Constricting The Law Of Freedom: Justice Miller, The Fourteenth Amendment, And The Slaughter-House Cases, Richard L. Aynes

Richard L. Aynes

The Slaughter-House Cases are simultaneously unremarkable and extraordinary. They are unremarkable because the matter at issue -- whether butchers can be required to ply their trade at a central, state-franchised facility -- has long since ceased to be a matter of concern. They are extraordinary because in spite of the fact that three of the Court's significant legal conclusions have been rejected and “everyone” agrees the Court incorrectly interpreted the Privileges or Immunities Clause, the conclusion that the Privileges or Immunities Clause of the Fourteenth Amendment had no meaningful place in our constitutional scheme continues to live on. Even those …

Due Process: Manshul Construction Corp. V. New York City School Construction Authority

Touro Law Review

No abstract provided.