Mutual Waiver of Consequential Damages Clause was not Applicable to Damages Court Found Were Cause Directly by Design Professionals Deficient Plans

by Kent Holland | Nov 13, 2025 | Current Issue:, Newsletter Article

An architect (HKS Architects) was sued by its client (Orlando Health, Inc,) for negligent breach of contract – alleging serious design defects required immediate repairs.  HKS filed a third-party complaint against its engineer subcontractor (BBM) alleging that the Sub...

Attorneys Fees of $8 Million Awarded Pursuant to Prevailing Party Contract Clause

by Kent Holland | Nov 13, 2025 | Current Issue:, Newsletter Article

The court granted plaintiff’s motion for attorneys fees after reducing certain amounts. In doing so, the court denied the defendant (Flatiron’s) request for an evidentiary hearing to probe the fees and question the Plaintiff (AECOM’S) expert, because the court stated...

Indemnification Article Violated the State anti-indemnification Statute

by Kent Holland | Oct 13, 2025 | Newsletter Article

A contractor was hired via a Master Services Contract to provide various services and equipment to supply electrical power to an onshore oil and gas lease wellsite.  The MSC contained a broad indemnity provision requiring the contractor to indemnify the Owner from all...

Time was not of the essence so no time related costs could be awarded

by Kent Holland | Oct 13, 2025 | Newsletter Article

Where contractor filed suit against subcontractor for breach of contract, the trial court granted the subcontractor’s motion for summary judgment on the issue of time related damages.  Other issues in dispute will go to trail.  The subcontractor was responsible for...

Defendant’s Negligence must be Substantial Factor in Causing Injury before Liability Can be found (No Proximate Cause)

by Kent Holland | Oct 13, 2025 | Newsletter Article

A pickup truck was traveling too fast on an icy, divided interstate highway and suddenly lost control, hurtled across a 42-foot-wide median, and collided with an 18-wheeler before the defendant had time to react. The collision killed one of the pickup’s occupants and...

Impact of Undocumented Immigrants in the United States

by Kent Holland | Oct 13, 2025 | Newsletter Article

Most large construction projects in which I am involved have a large percentage of Hispanic workers.  The deportation efforts of the current administration are going to impact the amount of time it takes to complete construction projects as well as the cost to...