by Kent Holland | Feb 9, 2011 | Newsletter Article
Where contractor was expected to make the construction manager (“CM”) an additional insured under its general liability policy, but failed to do so, the contractor’s insurance companies had no duty to provide coverage to the CM. The contractor’s insurance policies...
by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article
Where an indemnification clause in a construction subcontract was so broad as to require the subcontractor to indemnify a project owner and construction manager for their own negligence, a court held the clause could not be enforced during a summary judgment motion...
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...
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