by Kent Holland | Dec 28, 2012 | indemnification clause, Newsletter Article
A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract. Often the law of the state where the project is performed is selected as the governing law. It...
by Kent Holland | Dec 28, 2012 | duty to defend, Newsletter Article
By Brian K. Stewart, Esq. and Kevin J. Engelien, Esq.– Collins Collins Muir & Stewart, LLP. The immediate contractual duty to defend, once thought by some to be isolated to the “not so golden anymore” state of California as a result of two important court...
by Kent Holland | Dec 28, 2012 | Newsletter Article
It can be a perplexing issue whether a project owner that believes its contractor or design professional has breached its contract due to defective work or faulty performance can sue under a theory of negligence as well as for breach of contract. Where the alleged...
by Kent Holland | Dec 28, 2012 | Newsletter Article
Although construction defects caused water leaks that resulted in mold growth that required major remediation of a newly constructed house, the homeowner was denied damages by a court because it failed to prove that the remediation costs it paid were reasonable, and...
by Kent Holland | Dec 28, 2012 | Newsletter Article
Approximately four or five years after completion of the Hilton Hotel at the Boston Logan Airport, an employee of the airport authority was electrocuted while attempting to repair an electrical transformer that lacked required wiring diagrams and warning signs. The...
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