by Kent Holland | Feb 7, 2011 | Newsletter Article
When the amount of damages is difficult to predict, a liquidated damages clause will generally be upheld unless the court determines that the clause was intended to be a penalty rather than liquidated damages. In Safeco Credit v. U.S., 44 Fed.Cl. 406 (1999), a...
by Kent Holland | Feb 7, 2011 | Newsletter Article
To what extent may defective workmanship of a contractor be covered under a commercial general liability (CGL) policy. Contractors have occasionally argued successfully that property damage or personal injury was imminent as a result of their defective work, and that...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Contractors are often required by contract to name the project owner as an “additional insured” under a commercial general liability (CGL) policy and this is routinely done. Subcontractors are sometimes required to name both the general contractor and...
by Kent Holland | Feb 7, 2011 | Newsletter Article
It is surprising how many cases there are in which a consultant or contractor performs additional services or work for an owner without first adhering to notice and approval requirements of the contract. Failure to obtain authorization for additional work from the...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When an employee of a contractor was injured on a job site, he sued the owner on the theory that by employing a safety employee for the job site the owner had assumed control and responsibility for the site. The plaintiff, worker, testified that before he was injured...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A roofing contractor that contracted with a homeowner’s association to recommend and specify re-roofing materials, was sued by the association for negligent advice because the recommended material allegedly did not adequately insulate the building. The contractor...
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