by Kent Holland | Feb 8, 2011 | Newsletter Article
An individual who was injured when he fell from bleachers that were not protected by handrails sued the City of New York and others for negligence based on an alleged violation of a city building code. A trial court found that the violation constituted negligence per...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Sureties play a vital role in public construction projects. As a result, many states have enacted statutory guidelines regulating how insurance companies and sureties administer claims made on their policies or bonds. Massachusetts is one such state that has enacted...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where the project architect knew there was no payment bond and that subcontractor was not being paid, yet continued to certify payments to the general contractor and reduced the amount of retainage, it could be liable for breach of duty to use reasonable care to...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where an electrical contractor was delayed in completing its work, the project owner, school district, asserted that the contractor’s claim for delay damages was barred by a “no damages for delay” clause in the contract. The trail court concluded that the...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Where a subcontract filed suit against the general contractor to collect the balance of its fee and the general contractor defended itself by claiming the right to an offset in the fee to cover damages that it alleged were caused by the subcontractor, a court held...
by Kent Holland | Feb 8, 2011 | Newsletter Article
In a letter to AIA members, Norman L. Koonce, Executive Vice President/CEO of the American Institute of Architects wrote: A number of firms from the design and engineering community have contacted us to report recent or past requests for building plans that, in light...
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