by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
Contract provisions requiring contractors to perform site investigation and inspection prior to bidding did not impose the risk of subsurface conditions on the contractor, and therefore, did not preclude a claim for equitable adjustment. When the contractor began...
by Kent Holland | Feb 8, 2011 | Newsletter Article
When a contractor expends time and money attempting to comply with design specifications that fail to accomplish the owner’s performance needs, it is entitled to recover its costs from the owner on the basis that the owner breached its implied warranty of...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Insurance Companies that issued Commercial General Liability (CGL) policies to subcontractors, including completed operations coverage as to projects completed before the inception dates of the policies were held to owe a duty to defend the additionally insured...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Under Texas law, a property owner had no liability for the injuries sustained by a laborer employed by the contractor since the owner did not retain any control over the manner in which the work was performed, and it had no actual knowledge of the danger or condition...
by Kent Holland | Feb 7, 2011 | Newsletter Article
After its engineering firm performed design services for a wastewater treatment plant, the municipal project owner (Orland, Indiana) and a citizens group became concerned about cost projections and certain technical aspects of the design. The Town suspended all...
by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained...
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