by Kent Holland | Jan 31, 2025 | Current Issue:, Newsletter Article
A clause I reviewed in a recent contract protects the design-builder against having to incur cost overruns due to changes in (1) laws, (2) new tariffs that increase prices for materials, and (3) labor shortages due to deportation of undocumented workers). “A Change...
by Kent Holland | Jan 31, 2025 | Current Issue:, Newsletter Article
Project owner entered into a general construction contract with a GC for construction services. The GC then entered into a subcontract requiring the subcontractor to indemnify and hold harmless the GC and the Owner, and also required the subcontractor to maintain a...
by Kent Holland | Jan 31, 2025 | Current Issue:, Newsletter Article
Trial court granted summary judgment for architect because project owner’s expert witness failed to define the standard of care and state how the architect failed to meet the standard. The Owner’s complaint alleged that the architect failed to provide services with...
by Kent Holland | Dec 30, 2024 | Newsletter Article
Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...
by Kent Holland | Dec 30, 2024 | Newsletter Article
A subcontract had a “no-damages-for-delay” clause barring the subcontractor from suing the prime contractor for delays. The clause also provided a protocol for splitting any delay-related settlements between the project owner and the Prime. The Prime submitted a...
by Kent Holland | Sep 19, 2024 | Newsletter Article
Construction contractor entitled so summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages. Owner argued that Contractor can be held liable...
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