by Kent Holland | Feb 9, 2011 | Newsletter Article
Everyone involved in construction contracts is concerned about payment. Owners generally refuse to pay general contractors until they have secured lien releases; general contractors are hesitant to pay subcontractors until specific blocks of work have been completed;...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When an oral surgeon hired a contractor to construct his office and was unable to use part of the finished office due problems with the floors, he sued the contractor for damages, including loss of profits. The court held that the possibility that there would be lost...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment. This was because the plaintiff did not...
by Kent Holland | Feb 9, 2011 | Newsletter Article
A homeowner’s suit against Lexington Insurance Company to recover under a property policy for damages caused by shoddy roofing work that resulted in mold contamination was dismissed based on a coverage exclusion for mold. The insurance policy covered any risks of loss...
by Kent Holland | Feb 9, 2011 | Newsletter Article
A professional liability claim against an architect was governed by a three-year statute of limitations applicable to non-medical, professional malpractice rather than the six-year statute for actions based on breach of contract. Regardless of whether the alleged...
by Kent Holland | Feb 9, 2011 | limitation of liability clause, Newsletter Article
A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor. It was held to apply, however, only to the damages that would be awarded under the...
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