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...
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...
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...
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...
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...
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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