by Kent Holland | Feb 9, 2011 | Newsletter Article
EVERY SUBCONTRACTOR has had to deal with slow payment by general contractors who claim that it’s not their fault – the customer hasn’t paid them and, in a slow economy, this refrain is heard more and more frequently. As sympathetic as the sub might feel, the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In response to a plaintiff’s suit against an engineer alleging breach of an express warranty, a court held that the complaint must be dismissed because the record revealed no express warranty, and if the service was performed negligently the cause of action must be...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Contracts requiring a design-build engineering firm to supply “basic engineering packages” for licensing and technology transfer agreements for the design and construction of a processing plant for sodium hydroxide (caustic soda) contained a liquidated damages clause...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor had to revise the government’s design and expend additional time and expense to construct a door for a helicopter hangar, the government argued unsuccessfully that the contractor was barred by a general disclaimer from claiming entitlement to...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a highway construction contractor followed specifications given to it by the state, it was immune pursuant from liability arising out of a motorist’s personal injury action. The plaintiff’s law suit alleged that her injuries were caused by, or made...
by Kent Holland | Feb 9, 2011 | Newsletter Article
A land surveyor and planner (“Sparco”) was entitled to copyright protection of his plans and drawings. Perhaps even more important, however, was the protection afforded the survey pursuant to his contract barring the owner from revising or using the surveyor’s...
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