Court Applies Statute of Repose to Dismiss Counts of Complaint for Negligence, Breach of Contract and Indemnification – because Negligence was at Issue in each Count

by Kent Holland | Feb 14, 2023 | Newsletter Article

The University filed a complaint against a HVAC contractor based on faulty workmanship.  Deciding that the complaint was barred by the state statute of repose, the trial court granted summary judgment to the contractor. This was affirmed on appeal – with the court...

Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

by Kent Holland | Feb 14, 2023 | Newsletter Article

A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order.  The court held that the language of the subcontract...

Handwritten Change to the Lien Release was Effective at Preserving Contractor’s Right to Later Make a Claim for More Funds

by Kent Holland | Jan 9, 2023 | Newsletter Article

A lien waiver form titled “Waiver of Lien to Date” was revised by the subcontractor in handwriting by striking out the words “to date” and writing in their place “Partial.”  The contractor then paid the subcontractor $33,448 per the release but refused to pay an...

Subcontractor Breached Contract by Refusing to Perform Extra Work as Directed by Contractor unless it First Received Change Order

by Kent Holland | Jan 9, 2023 | Newsletter Article

A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order.  The court held that the language of the subcontract...

Failure to file Certificate of Merit Requires Case to be Dismissed with Prejudice

by Kent Holland | Jan 9, 2023 | Newsletter Article

Where a contractor’s laborer died from poisonous gas exposure when he went into a manhole, his family filed suit against an Engineering firm alleging that the firm was negligent is causing the individuals death.  They failed to include a certificate of merit with...

Good Faith and Fair Dealing Duty was Violated by Prime Contractor who Settled Claim with its Client without Including Subcontractor Claim

by Kent Holland | Jan 9, 2023 | Newsletter Article

The covenant of good faith and fair dealing “prohibits arbitrary or unfair acts by one party that work to the disadvantage of the other”.  In this appeal, the court held that the district court properly applied the covenant of good faith and fair dealing when it...