Liquidated Damages Clause and Waiver of Consequential Damages Clause Effectively Cap Damages Available against Design-Builder

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...

Contractor Entitled to Rely Upon Government’s Implied Warranty of Specifications

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...

Highway Contractor Protected by State Immunity Statute

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...

Copyright Protection Granted to Land Surveyor’s Site Plan

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...

Electronic Discovery Issues – An Emerging Challenge

by Kent Holland | Feb 9, 2011 | Newsletter Article

It is becoming increasingly commonplace for businesses to conduct complex transactions electronically. Electronically produced documents, such as e-mail, provide companies with a fast and efficient means of communicating and discussing problems. Entire transactions...

Contractor not Responsible for Costs of Changes Caused by Building Code Violations Contained in Owner’s Drawings

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor explicitly disclaimed responsibility for engineering of second floor additions creating snow load on existing roof structures, the court held that the contractor did not breach any implied warranty although certain building codes were apparently...