Don’t Let Your E-Records Turn into Smoking Guns

by Kent Holland | Feb 9, 2011 | Newsletter Article

Companies have good reasons to preserve e-mail and other electronic records for a specific period. And also good reasons to destroy records at the end of that period. But preservation entails more than simply storing information on computers, disks and tapes—and...

Contractors Receive Criminal Sanctions for Failing to Dispose of Canister of Fumigant Found at Jobsite

by Kent Holland | Feb 9, 2011 | Newsletter Article

If you think the only people or companies that suffer criminal penalty under environmental laws are big-time operators that cause terrible pollution, you should consider what happened to a contractor and subcontractor that were demolishing a building and constructing...

Suspension and Debarment – Guilt by Association

by Kent Holland | Feb 9, 2011 | Newsletter Article

Suspension and debarment are actions taken by the government to protect the public from doing business with dishonest or unreliable contractors. Under the Federal Acquisition Regulations (“FAR”), a government contractor may be suspended or debarred for,...

Managing Killer Clauses in Construction Contracts: Part II

by Kent Holland | Feb 9, 2011 | construction contract tips, Newsletter Article

This is the second part of a two part article. The first part was in last month’s issue of this Report. Consider the following basic “killer” clauses, and how they might be managed. Notice Requirements You must know your contract. The first step in good contractual...

General Contractor Liable for Injury to Independent Contractor’s Employee

by Kent Holland | Feb 9, 2011 | Newsletter Article

For years, general contractors have relied upon the well-settled proposition that a general contractor owes no duty to ensure that an independent contractor performs its work in a safe manner. Elliot Williams Co. v. Diaz, 9 S.W.3d 801, 803 (Tex. 1999);...

Killer Clauses in Construction Contracts: Part I

by Kent Holland | Feb 9, 2011 | construction contract tips, Newsletter Article

Today’s builder must be as expert at managing its contractual risk as it is at managing a safety program. Many large and small contractors, once considered outstanding builders, are out of business today. Some of the contractors may have even been good financial...