by Kent Holland | Jan 3, 2011 | Newsletter Article
The United States Court of Appeals for the Fifth Circuit held that a contractor has no “arranger” liability under the Superfund law (CERCLA) for unconsciously denting a methanol pipeline that several years later cracked, thereby resulting in the release of methanol...
by Kent Holland | Jan 3, 2011 | Newsletter Article
A subcontractor sued the general contractor for breach of contract and quantum meruit, and also the contractor’s surety on a Miller Act claim. What the subcontractor sought was payment for unanticipated costs incurred in constructing a federal law enforcement...
by Kent Holland | Jan 3, 2011 | Newsletter Article
Where an engineer was required by contract with a city to recommend a contractor following competitive bidding, a court held that because the bid by the contractor that the engineer recommended be accepted was dramatically lower than the other bidders, it was...
by Kent Holland | Dec 31, 2010 | Newsletter Article
A builder who purchased a couple building lots from a subdivision developer in a new subdivision and built houses on them was sued by the homeowners on the basis of improper soil compaction that resulted in soil subsidence and structural damage to their homes. The...
by Kent Holland | Dec 31, 2010 | Newsletter Article
A tornado tore the roof of Haney’s house. Haney hired a contractor to repair the damage and filed a claim for damages with his homeowner’s insurer. Before the repairs were completed, rains further damaged the house. The insurer, Fire Insurance Exchange...
by Kent Holland | Dec 31, 2010 | Newsletter Article
Where a homeowner sought to recover under his homeowners insurance policy for mold damage that occurred from water from a burst pipe, the insurer denied the claim on the basis of a mold exclusion in the policy. The homeowner filed suit against the insurer seeking a...
Connect