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...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Where a developer performed repairs to correct water intrusion before reporting to its Commercial General Liability (CGL) insurer, a court held it had lost its right to demand that its insurance carrier indemnify it for the cost of repairs. The developer investigated...
by Kent Holland | Feb 7, 2011 | construction contract tips, Newsletter Article
I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A plaintiff filed suit for negligence as well as products liability against a firm that designed, manufactured and installed precast concrete products for a parking garage. The court dismissed the suit because it was filed beyond the six years permitted under the...
by Kent Holland | Feb 7, 2011 | Newsletter Article
An insurance dispute arose when the commercial general liability (CGL) insurance company refused to defend a suit by a prime contractor against an inspection firm (SLT, Inc.) that it had hired to inspect and approve shop welds of pipe sections that were brought to the...
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