by Kent Holland | Jul 22, 2011 | Newsletter Article
By J. Kent Holland, Jr. Where a surety sued a project architect for alleged failure to adequately inspect and supervise a contractor who was default terminated due to defective work, the court dismissed the suit for failure to state a negligence claim upon which...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: Gary Prather – Travelers Building Information Modeling (BIM) promises to reshape the future design – and the way design professionals do business, but these basic risk management considerations should be taken into account to determine if BIM is right for you. To...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: Nancy Zabala Graham The California Court of Appeal in the third appellate district recently affirmed the award of almost $200,000 in attorney fees pursuant to a “prevailing party” attorneys’ fees provision in a contract. What makes this case interesting is the...
by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland, Jr. The question of who will own a design professional’s instruments of service is one issue of great concern when I review professional services contracts that design professionals are being pressed to sign by project owners. Standard form...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By J. Kent Holland, Jr. The Texas Supreme Court in the recent decision of Lamar Homes v. Mid-Continent Casualty Company, 2007 WL 2459193 (Tex.), concluded that allegations of unintended construction defects, whether caused by the insured prime contractor or its...
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