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In 1975 Moses H. Cone Memorial Hospital in Greensboro, North Carolina, contracted with Mercury to build a new wing.The contract, drafted by the hospital's attorneys, vested most dispute resolution authority, relating to aesthetic matters, in the project's architect, J.N. Pease Associates of Charlotte, with the opportunity to go to arbitration if the architect did not rule on the dispute within ...
McReynolds took no part in the consideration or decision of the case. Spearin , 248 U.S. 132 (1918), also referred to as the Spearin doctrine , is a 1918 United States Supreme Court decision. It remains one of the landmark construction law cases. [ 1 ]
Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005), [1] was a case decided by the US Court of Appeals for the Federal Circuit en banc, that clarified the hierarchy of evidentiary sources usable for claim construction in patent law. [2]
Instead, the degree of contestability can be observed within markets. [ example needed ] The more contestable a market is, the closer it will be to a perfectly contestable market. Some economists argue that determining price and output is actually dependent not on the type of market structure (whether it is a monopoly or perfectly competitive ...
Construction disputes require lawyers to deal with complex, highly technical architectural, engineering and construction issues, making expert testimony crucial to prove or defend claims arising ...
Ruxley Electronics and Construction Ltd v Forsyth [1995] UKHL 8 is an English contract law case, concerning the choice between an award of damages for the cost of curing a defect in a building contract or (when that is unreasonable) for awarding damages for loss of "amenity".
Shortly after construction was completed, Holmdene's bricks "were beginning to crumble and decompose," [1] manifesting a condition known as "efflorescence," which threatened the stability of the entire edifice. The affected walls were perforce demolished, and Roberts sued for consequential damages arising from the breach of the contract.
R v Ron Engineering and Construction (Eastern) Ltd, [1] of 1981 is the leading Supreme Court of Canada decision on the law of tendering for contracts. The case concerned the issue of whether the acceptance of a call for tenders for a construction job could constitute a binding contract. The Court held that indeed in many cases the submission of ...