On behalf of Kaplin Stewart Meloff Reiter & Stein, P.C. posted in Construction Industry News on Jan 9, 2018.
Earlier this month, the United States District Court for the Eastern District of Pennsylvania decided a construction matter that focused on two issues: 1. Whether the subcontractor waived any potential claims against the general contractor by signing the periodic releases and change orders; and 2. Even if so, whether statements made by the general contractor’s employees waived the general contractor’s claim to rely on the releases and change orders. The Court concluded that the general contractor never waived its right to rely on the releases and change orders, which themselves barred the subcontractor from asserting certain claims against the general contractor, and consequently ruled in favor of the general contractor. The case may be found at this link: http://www.paed.uscourts.gov/documents/opinions/18D0005P.pdf