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Monday, November 30, 2009 03:15 am



Higgins Development Partners, LLC, v. Skanska U.S.A.

Building, Inc

Supreme Court Of Montana 2009 Mont. LEXIS 428, DA 08-0360 (August 25, 2009)

In cases involving a split disputes clause, take care in alleging who has ultimate responsibility for the claims. The National Institutes of Health (NIH) hired Higgins Development Partners, LLC (Higgins) to build an addition to the Rocky Mountain Lab in Hamilton, Montana. Higgins and Skanska U.S.A. Building, Inc. (Skanska) entered into a construction management agreement regarding the project, with Higgins acting as the development manager and Skanska as construction manager. Skanska subcontracted with Metal Works of Montana, Inc., d/b/a Missoula Sheet Metal and Roofing (Missoula Sheet Metal), to build the roof for the addition. The subcontract incorporated by reference [...]

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