Transpower Constructors, a Division of Harrison International Corporation, Plaintiff-Appellee/cross v. Grand River Dam Authority, an Oklahoma Public Corporation, Defendant-Appellant/cross-Appellee, and Benham Group, Inc., a Delaware Corporation, Transpower Constructors, a Division of Harrison International Corporation v. Grand River Dam Authority, an Oklahoma Public Corporation, and Benham Group, Inc., a Delaware Corporation
905 F.2d 1413 | Court of Appeals for the Tenth Circuit | 1990
Holding Summary
A contractor may recover damages for breach of contract based on reasonable approximation of losses without mathematically precise apportionment, and an indemnification clause lacking unequivocally clear language cannot exculpate a construction manager from its own negligence.
A reasonable approximation of the loss will suffice.
Related Cases
Atlantic Marine Constr. Co. v. United States Dist. Court for Western Dist. of Tex.
Forum-selection clauses in federal contracts are enforced through §1404(a) transfer motions, not §1406(a) dismissals, and must be given controlling weight except in exceptional circumstances.
Texas Natural Resource Conservation Commission v. IT-Davy
Sovereign immunity bars a contractor's breach-of-contract suit against a state agency absent express legislative consent; neither the agency's conduct, contract terms, nor general statutes waive immunity from suit.
Martin K. Eby Construction Company, Inc. v. Dallas Area Rapid Transit
A contractor must exhaust administrative remedies established by a regional transportation authority before pursuing breach of contract claims in court, even when the authority lacks governmental immunity from suit.
Fitzgerald v. Advanced Spine Fixation Systems, Inc.
A manufacturer must indemnify an innocent seller for products liability litigation costs under Texas Civil Practice & Remedies Code § 82.002(a), even if the seller did not sell the particular defective product that injured the plaintiff, provided the seller qualifies as a 'seller' under the statute.
Edwin P. Harrison, and United States of America, Party in Interest v. Westinghouse Savannah River Company
The Fourth Circuit reversed the district court's dismissal, holding that the False Claims Act broadly reaches false statements made to obtain government contract approval, not just false payment claims themselves.
General Services Commission v. Little-Tex Insulation Co.
The State does not waive sovereign immunity from breach-of-contract suits by accepting contract benefits; Chapter 2260's administrative procedure is the exclusive remedy for such claims.