by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
A homeowner (Northridge) retained an architectural firm (JWFA) to provide design and contract administration services for the renovation of a residential townhouse complex. Leaks were found in the roofs shortly after construction was completed. It was not until...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was...
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...
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