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...
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...
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