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Architect Wins Entitlement to Damages, but Recovers Nothing, Because it Failed to Keep Adequate Cost Records

by Kent Holland | Feb 8, 2011 | Newsletter Article

An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the...

Contractor Terminated for Default for Failure to Adequately Respond to Cure Notice

by Kent Holland | Feb 8, 2011 | Newsletter Article

Where contractor failed to respond adequately to the Navy’s reasonable request of assurances of timely performance, the Navy was entitled to regard the contractor’s failure to provide such assurances as a breach of the contract. The issuance of a cure notice may be...

No Coverage Under CGL Policy for Loss Arising Out of Product Containing Asbestos

by Kent Holland | Feb 8, 2011 | Newsletter Article

Where a contractor on a school renovation project applied adhesives not knowing that they contained asbestos, it sued the material supplier of the material to recover its costs of tearing out and replacing the materials.   The supplier’s commercial general...

The Ball’s in My Court (Because I Drafted the Contract) and I’m the Referee (or Chief Executioner)

by Kent Holland | Feb 8, 2011 | Newsletter Article

Dispute resolution provisions in public contracts empowering the public owner to render binding, final decisions on all disputes arising under the contract, subject to limited judicial review, have been upheld in numerous states as not being in violation of public...

Engineer Not Liable for Breach of Implied Warranty of Design

by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article

When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued  for negligence and breach of...

Statute of Repose Passes Constitutional Test

by Kent Holland | Feb 8, 2011 | Newsletter Article

The Supreme Court of Washington held that the state’s six-year statute of repose did not violate the state constitution or the equal protection clause of the United States Constitution.  Although it found itself compelled to enforce the statute to grant summary...
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