Political Contributions by Government Contractors

by Kent Holland | May 2, 2011 | Newsletter Article

Comment by Wade Bass – Baker Donelson, White House press secretary Jay Carney on April 20, noting that President Obama “is committed to improving our federal contracting system, making it more transparent and more accountable,” said that the President is drafting an...

Spoliation of Evidence May (or May Not) Justify Dismissal of Lawsuit

by Kent Holland | May 2, 2011 | Newsletter Article

A sanction for spoliation (destruction) of evidence must be carefully considered to impose only such relief as is reasonably necessary to level the playing field between the plaintiff and defendant.  Where a trial court barred a project owner from presenting expert...

Oral Contract for Remodeling Home May be Enforced

by Kent Holland | May 2, 2011 | Newsletter Article

Where contractor entered into an oral contract with a real estate attorney to perform major renovations to the attorney’s new home which had previously been a small apartment building, the owner/attorney coxed the contractor (a friend who had performed work for him in...

Battle of the Contract Forms: Subcontractor Bound to General Contract Terms

by Kent Holland | May 2, 2011 | Newsletter Article

It is not uncommon to see disputes between prime contractors and their subcontractors concerning whether terms submitted with the subcontractor proposal or subcontract form will take precedence over the broader terms of the prime contract that are incorporated by...

Engineer Did not have Duty to Report to the Public the Environmental Findings it Produced for its Client

by Kent Holland | Mar 28, 2011 | Newsletter Article

Where engineering firm was retained by the owner of a beryllium plant to perform “stack testing”, it found that beryllium emissions significantly exceeded allowable limits of the EPA, and the engineer so advised its client.  It did not report the findings to any...

Certificate of Merit Filed with Amended Complaint Doesn’t Make up for Failure to File with First Complaint

by Kent Holland | Mar 28, 2011 | Newsletter Article

Where a certificate of merit is required by state statute to be filed with a complaint alleging negligence against a licensed design professional, a suit that failed to timely file such certificate must be dismissed with prejudice, and the plaintiff cannot correct the...