by Kent Holland | Feb 9, 2011 | Newsletter Article, standard of care
A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a...
by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits
A homebuilder’s lawsuit against a city and its architectural firm for refusing to grant change orders for additional costs was rejected by a court because the contractor failed to comply with a contractual requirement that it give written notice to the architect of...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By Allan H. Goodman If a dispute arises during construction of your project, do not proceed immediately to court! Your contract may require you to use alternative dispute resolution (ADR) techniques such as negotiation, mediation or arbitration to resolve your...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By William F. Current Would you be surprised to learn that nearly a quarter of your workers were illegal drug users? It could happen. Consider what a California-based contractor discovered several years ago when it decided to prove that its workers were not druggies....
by Kent Holland | Feb 9, 2011 | Newsletter Article
When a property purchaser discovered pollution on its newly acquired property it filed suit against the seller and the seller agreed to pay certain cleanup costs. But the seller subsequently reorganized its corporate structure and asserted the cleanup costs could not...
by Kent Holland | Feb 9, 2011 | Newsletter Article
by Allan H. Goodman Mediation is often used to resolve disputes arising during performance of construction contracts. Mediation is the non-binding, cooperative process in which parties to a dispute select a neutral third party, the mediator, to help them resolve their...
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