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Third Party Claim for Indemnification Survives SJ Motion

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

When a design-build engineering firm filed suit in federal court against its construction subcontractor for breach of contract, the subcontractor filed a Third-Party Complaint against one of its suppliers for contribution and indemnity.  The supplier filed a motion to...

Construction Manager not Responsible for Contractor’s Injury

by Kent Holland | Jul 22, 2011 | Newsletter Article

On a project where an employee of a construction contractor suffered any eye injury when concrete exploded out of a flexible tube he was trying to unclog, the construction manager was not liable for his injuries since the construction manger was under contract with...

Contractor has a Duty to Seek Clarification of Ambiguous Contract Terms

by Kent Holland | Jul 22, 2011 | Newsletter Article

Katz & Stone, L.L.P. Construction Newsletter January/February 2006 A contractor who fails to seek clarification of the meaning of ambiguous contract terms prior to the submission of its bid may be bound by the owner’s reasonable interpretation of those terms.  The...

When is Landowner liable to independent contractor’s employee for site safety?

by Kent Holland | Jul 22, 2011 | Newsletter Article

A landowner that hires an independent contractor may be liable to the contractor’s employee if the landowner knew or should have known of a latent or concealed preexisting condition on its property, the contractor didn’t know and couldn’t have reasonably discovered...

New Law Restricts Scope of Indemnity Clauses in Subcontracts for Residential Construction in California

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: Thelen Reid & Priest LLP A new law effective in 2006 limits the scope of indemnity clauses in subcontracts on residential construction projects in California. The law is important for developers, contractors and subcontractors who are involved, even on an...
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