by Kent Holland | Feb 8, 2011 | Newsletter Article
Where the government took beneficial occupancy of a building after the scheduled completion date, it assessed liquidated damages against the contractor for late completion. This was on the basis that until the contractor successfully tested the fire alarm system it...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A court dismissed a developer’s suit for fraud, negligent misrepresentation, and breach of warranty against the design firm (A/E) that provided engineering and surveying services for the development of a residential community. The developer argued that the A/E was...
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...
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