Mississippi Litigation Lawyer & Attorney : Bradley Arant Law Firm : Serving Jackson, Gulfport, Biloxi, Tupelo, Hinds County, 5th Circuit

In Everman Electric Co., Inc. v. Evan Johnson & Sons Construction, Inc., No. 2005-CA-01544-COA (Miss. Ct. App. May 8, 2007), the Mississippi Court of Appeals enforced a “no damages for delay” clause in a construction contract relating to the construction of the new Biloxi High School in Harrison County, Mississippi. The Biloxi Public School District (“BPSD”) entered into direct contracts with Evan Johnson & Sons Construction, Inc. (“Johnson”), W.G. Yates Construction Company (“Yates”) and Everman’s Electric Co., Inc. (“Everman”) for the construction of the new school. As co-prime contractors, they were charged with completion of the project with Yates taking the role of construction manager.

• Email This
• Print

On March 29, 2007, Bradley Arant will host a seminar for construction industry professionals with particular emphasis on current legal issues in Mississippi construction. The seminar will be held at the TelCom Center, Conference Room 5, 105 Pascagoula Street, Jackson, Mississippi. Featured speakers at the event include Rob Dodson, David Pugh, David Owen, Will Manuel, David Pharr and Ed Everitt. For registration and other information, click here.

• Email This
• Print

Recently, in Lyndon Property Insurance Co. v. Duke Levy and Assoc., LLC, No. 05-60898 (5th Cir. 2007), the United States Court of Appeals for the Fifth Circuit found that a project engineer could be held liable to a project owner’s surety for negligently failing to inspect the workmanship of a contractor and improperly recommending payment, despite the absence of a contractual obligation of the engineer to guarantee workmanship on the project.

• Email This
• Print