"No-Damage-for-Delay" Clause Unenforceable where City Withheld Superior Knowledge about Site Conditions and Caused the Delay

by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article

A state court in California declined to enforce a “no-damage-for-delay” clause that would have deprived a construction contractor of equitable adjustment for time delays and expenses caused by the project owner, City of Los Angeles. The city had superior...

Contractor Required to Indemnify Negligent Party

by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article

Pursuant to the indemnity clause of its lease agreement with a landowner (Washington Street Investments (WSI), the Goettl Air Conditioning Company (Goettl) agreed to indemnify WSI for all damages caused in whole or in part by Goettl’s negligence. When one of...

Indemnification language found ambiguous and unenforceable

by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article

According to a Louisiana appellate court, an indemnification clause can not be enforced to require a party to indemnify  for the indemnitee’s own negligence unless the clause specifically states that to be the intent of the parties in no uncertain terms. An...

Contractor sues engineer for misrepresenting site conditions

by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article

Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the...

Architect not liable for premises injury without evidence that design violated the standard of care

by Kent Holland | Feb 7, 2011 | Newsletter Article, standard of care

A jury found an architect liable for the personal injuries sustained by a city employee who fell though the attic floor of the city garage that was designed by the defendant. The flooring was supported by number two pine 2 x 8s. One of them broke under the weight of...

Engineer’s Duties Specified by Contract Cannot be Expanded by Plaintiff’s Expert Testimony to Elevate the Standard of Care to Jury Question

by Kent Holland | Feb 6, 2011 | Newsletter Article, standard of care

As a result of a fatal accident that occurred when a car hit a low median separating traffic on a highway overpass bridge and vaulted over it into oncoming traffic, plaintiffs filed suit against the engineering firm that had years earlier performed professional...