by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor executed a contract before having its license and then obtained the license shortly after performance began, the contractor forfeited all right to payment for either the work performed before licensure or the work performed after licensure. Under a...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor that was sued by a project owner for failing to comply with contract specifications filed a claim to implead the project engineer into the suit, it failed to serve an expert identification affidavit within 180 days as required by state statute. As...
by Kent Holland | Feb 9, 2011 | Newsletter Article
The attorney-client privilege is an important protection to enable businesses to seek open and frank legal advice in conducting their business affairs. When the privilege applies, statements and documents that normally would be open to inspection and discovery remain...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where the indemnity clause of a contract expressly exculpated a prime contractor from the consequences of its own negligence that resulted in injury to a subcontractor’s worker, the prime was entitled to be indemnified by the subcontractor because the claim arose out...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By Michael J. Carrato, Esq. A Miller Act surety needs to be aware of certain notice requirements if it decides to take over performance for its principal on a federal construction contract. Informal or “constructive” notice that a surety intends to take over...
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