by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a subcontractor submitted a claim against the general contractor for payment, it submitted the matter to arbitration and the general contractor replied with a counterclaim in that arbitration and also initiated a third-party arbitration claim against a related...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Contractor that entered into a number of change orders for additional payments from the project owner (U.S. Navy) was barred from claiming entitlement to additional compensation when the Government subsequently terminated since each of the change orders contained...
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...
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