Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed

by Kent Holland | Mar 28, 2011 | indemnification clause, Newsletter Article

Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability...

Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty

by Kent Holland | Feb 16, 2011 | Newsletter Article

By: Steven J. Koprince, Esq. It seems to happen to honest contractors all the time: a straightforward contract dispute takes a wrong turn, and suddenly the contractor is facing claims such as fraud, deceit, and dishonesty.  A contractor’s litigation opponent...

Accord and Satisfaction Barred Contractor Claim for Additional Compensation

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor timely completed a construction contract for the U.S. Army Corps of Engineers and accepted payment which included changes required by the Corps, the contractor was barred from later filing a claim for additional compensation.  The claim was barred...

Contractual Jury Waivers Held Invalid by California Supreme Court

by Kent Holland | Feb 9, 2011 | Newsletter Article

By Daven G. Lowhurst Thelen Reid & Priest LLP October 3, 2005 The Issue The California Supreme Court has single-handedly altered the contractual expectations of parties to thousands of contracts governed by California law. For many years, parties to a wide variety...

Ambiguity in Design-Build Contract Specs Interpreted in Favor of Contractor

by Kent Holland | Feb 9, 2011 | Newsletter Article

by Michael C. Loulakis Record Steel and Construction v. United States , 62 Fed. Cl. 508 (2004), provides an excellent example of the evolution of design-build caselaw.  The dispute in this case involved whether a design-build contract required foundations to be...

Book Review: Design-Build Lessons Learned (2004 Edition)

by Kent Holland | Feb 9, 2011 | Newsletter Article

Those of you who are interested in design-build have undoubtedly come across Design-Build Lessons Learned, an annual publication authored by Mike Loulakis, the president of the law firm of Wickwire Gavin and one of the country’s foremost authorities on design-build. ...