by Kent Holland | Feb 8, 2011 | duty to defend, Newsletter Article
An engineer’s general liability insurance carrier (“Utica Insurance”) refused to defend a suit against the engineer arising out of the death of a laborer (“Lindsley”) in a trench collapse. It contented that the claim was excluded from coverage....
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
A government repair and alteration contract required installing new shower units to existing supply piping. Upon demolishing the shower wall, the contractor discovered that due to the location of the existing supply lines it would have to remove and replace the pipes....
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...
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