by Kent Holland | Jul 17, 2023 | Newsletter Article
When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects. The Contractor then filed third-party claims against the client’s architect and against the geotechnical...
by Kent Holland | Jun 23, 2022 | Newsletter Article
Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store. Five years after construction, a shopper fell on a curb in front of the main door to the store. This...
by Kent Holland | Jun 19, 2019 | indemnification clause, Newsletter Article
A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...
by Kent Holland | May 22, 2017 | indemnification clause, Newsletter Article
Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...
by Kent Holland | Sep 6, 2016 | Newsletter Article
By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....
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