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Federal Court in Maryland Holds Subcontractor Waived Right to Bring Labor Inefficiency Claim Despite Voicing 'Expression[s] of Frustration' and 'General Complaints' of Mismanagement Throughout Project

Hagen Constr. Inc. v. Whiting-Turner Contracting Co., No. JKB-18-1201, 2019 BL 36862 (D. Md. Feb. 04, 2019)

Author: John J. Gazzola

2/21/2019

Read the full post at Constructlaw

Federal Court in Maryland Holds Subcontractor Waived Right to Bring Labor Inefficiency Claim Despite Voicing 'Expression[s] of Frustration' and 'General Complaints' of Mismanagement Throughout Project

This case arises out of the construction of a pediatric outpatient center in southern New Jersey. Plaintiff subcontractor Hagen Construction, Inc. (Hagen) filed suit in New Jersey state Court against defendant general contractor Whiting-Turner Construction Co. (W-T), seeking reimbursement for labor inefficiency costs incurred as a result of W-T’s alleged project mismanagement. Hagen claimed it incurred additional costs to repeat work and remobilize to multiple areas because it was not afforded unimpeded access or timely supply of necessary materials and information. Once the case was removed and transferred to Maryland federal Court, W-T moved for partial summary judgment on the portion of Hagen’s breach of contract claim reflecting labor inefficiency costs.

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