by Kent Holland | May 23, 2011 | indemnification clause, Newsletter Article
Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall. The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in...
by Kent Holland | May 23, 2011 | Newsletter Article
Where a county government rejected an electrical contractor’s low bid for the sole reason that it believed the contractor had violated the prevailing-wage law, despite no administrative or legal rulings to that effect, the court held the county abused its discretion...
by Kent Holland | May 23, 2011 | Newsletter Article
Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...
by Kent Holland | May 23, 2011 | Newsletter Article, standard of care
Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and...
by Kent Holland | May 4, 2011 | Newsletter Article
Get FREE copy of my new book – “Working on Purpose” Pay shipping and handling costs only ($6.95). This will probably be the last free offer. Working on Purpose – An Introduction Whether or not we acknowledge it to ourselves, each of us...
by Kent Holland | May 2, 2011 | Newsletter Article, pay when paid
Where a pay when paid clause in a construction subcontract unambiguously states that the subcontractor will only be paid for its work after the prime contractor has been paid by the project owner, the clause was ambiguous due to incorporation of the AIA form prime...
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