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,...
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...
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);...
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...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In a recent case, Herczeg v. Hampton Township Municipal Authority and Bankson Engineers, the Superior Court of Pennsylvania declined to impose liability on an engineer in circumstances where the complaint alleged that the engineer had actual knowledge of dangerous job...
by Kent Holland | Feb 9, 2011 | Newsletter Article
In December 2001, the Minnesota Court of Appeals issued an important decision regarding statutory home warranties in the case of Koes v. Advanced Design, Inc., 636 N.W. 2d 352 (Minn.Ct.App. 2001). The impact of this case will be felt by homebuilders across Minnesota,...
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