by Kent Holland | Feb 7, 2011 | Newsletter Article
The disturbing trend of expanding job site liability appears to have reached its high point. Recent appellate court decisions indicate that the courts are becoming unwilling to saddle owners and others with liability for job site injuries. Currently, most workers who...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Put yourself in the shoes of a facilities manager who is responsible for constructing a facility for the first time. You call people you trust to determine how you should go about it, and ask each of them to put it in terms you can understand. As each of your trusted...
by Kent Holland | Feb 7, 2011 | Newsletter Article
As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When certain flooring features of a condominium project failed, the condominium homeowners association sued the project developer and the general contractor who were responsible for construction. The parties settled on a remedy for the deteriorating concrete subfloor,...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Since 1935, performance and payment bonds on federal construction projects have been required by the Miller Act, 40 U.S.C. 270a, et. seq. Other than increases in the contract value for which bonds are required, the Miller Act had not been amended in any substantive...
by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...
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