by Kent Holland | Mar 15, 2024 | Current Issue:, Newsletter Article
Subcontractor had a lump sum multimillion dollar contract. A “no damages for delay” in the contract stated that the Subcontractor recognized the potential for its Work to be delayed by others and would not be compensated for any costs caused by such delay unless the...
by Kent Holland | Mar 15, 2024 | Current Issue:, Newsletter Article
HNTB Corporation was working as an agent of the State of Florida on a highway construction project – performing as the Construction Engineering Inspector – inspecting the installation of smart electronic signage poles along I-10 corridor. Its role was to oversee the...
by Kent Holland | Mar 15, 2024 | Current Issue:, Newsletter Article
Contractor’s delay of more than 90 days to pay subcontractor was per se unreasonable and the pay-when-paid clause was unenforceable to hold up payment. Subcontractor was entitled to recover attorneys fees incurred in litigating against the Contractor to recover what...
by Kent Holland | Mar 15, 2024 | Current Issue:, Newsletter Article
Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school. About one year later, School District added Architect for defective...
by Kent Holland | Feb 12, 2024 | Newsletter Article
By: Joanne Dekker, J.D., ConstructionRisk, LLC Homeowners sued a construction contractor alleging that the Contractor had negligently constructed the house in such a manner that allowed significant water intrusion into the house causing continuous damage for a...
by Kent Holland | Feb 12, 2024 | Newsletter Article
An individual walking on a sidewalk next to a building being constructed in New York City suffered injuries when a section of steel tubing that was being hoisted fell onto him from 11 stories up. It fell through a three-foot gap between the building and a sidewalk...
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