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...
by Kent Holland | Feb 7, 2011 | Newsletter Article
An owner of a property adjacent to gasoline station that was contaminated by leaking underground storage tanks sued professional consultants who had investigated and removed contamination from the tanks, arguing that they had failed to prevent contamination from the...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Where a project owner had the contractual right to inspect the contractor’s work progress for the purpose of monitoring compliance with the plans and specifications, a court held that this did not give the owner control over the sight for the purpose of assuring...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A private company recently hired a consultant to get advice on upgrading its technology and improving its customer service. The consultant recommended that the company purchase additional systems to improve customer satisfaction. The company was so pleased with the...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Some of the most common disputes in construction cases relate to delay. However, delay claims tend to be some of the least understood and frequently confusing claims in the construction field. A clear understanding of the basic elements necessary to prove delay claims...
Connect