Prime Breached Good Faith Duty to Tender Subcontract Claim to Owner

by Kent Holland | Jul 22, 2022 | Newsletter Article

Subcontractor was granted summary judgment on its suit against Prime to recover damages for Prime’s failure to prosecute a pass-through claim for delay damages against the City of New York.  Court stated that the claim against the Prime was not barred by the...

Washington State DOT v. Seattle Tunnel Partners: Appellate Court Affirms Denial of DSC Claim Involving Tunnel Boring Machine

by Kent Holland | Jul 22, 2022 | Newsletter Article

Article by David Hatem In a June 14, 2022 Unpublished Opinion, the Court of Appeals of the State of Washington in Washington State Department of Transportation v. Seattle Tunnel Partners, No. 54425-3-11, 2022 WL 2132780, (Wash. Ct. App. 2022), (“WSDOT-STP”) affirmed a...

Uninsurable Duty Under Compliance with Law Clause

by Kent Holland | Jul 22, 2022 | Newsletter Article

Professional services contracts typically include a clause stating that the consultant shall provide all services consistent with all laws, regulations, ordinance and codes.  Although this may seem like an appropriate requirement, it could create an uninsurable...

Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

by Kent Holland | Jun 23, 2022 | Newsletter Article

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This...

Construction Manager may be liable to worker who fell through skylight

by Kent Holland | Jun 23, 2022 | Newsletter Article

A worker was injured when he fell through a skylight opening in a roof on which he was working.  He alleged common-law negligence and violation of the New York Scaffolding Act against the construction manager (CM) and project owner.  Appellate court held, on the issue...

Contract Clauses – Short Videos (2 minutes each) on Risk Allocation for Key Contract Clauses

by Kent Holland | Jun 23, 2022 | Newsletter Article

If you haven’t visited my YouTube Channel to see short videos I have prepared discussing key issues in contracts, do it now! Click on videos and see a list of about 80 videos I have done.  Some are 20 minutes long.  But most of them are quite short and address only a...