by Kent Holland | Feb 9, 2011 | differing site conditions, Newsletter Article
Unforeseen site conditions typically spawn two types of claims based on two distinct but related theories: differing site conditions (DSC) and defective specifications. A contractor may attempt to circumvent the limitations on recovery under a DSC provision by...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor...
by Kent Holland | Feb 9, 2011 | Newsletter Article
There are no “industry standard” construction form documents. But the forms issued by the American Institute of Architects (AIA) come close, being widely used. One key provision to be considered is the issue of consequential damages. “Consequential damages” are...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When an insurance carrier refused to defend the owners of a building under a general liability policy against claims by occupants alleging injuries from toxic fumes from carpeting, the owners sued the carrier to enforce their rights under the policy. They also sued...
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...
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