by Kent Holland | Jul 22, 2022 | Newsletter Article
Arbitrator awarded attorneys fees to one party in an action. This decision was appealed and the appellate court affirmed, holding that the arbitrator at least arguably construed the parties’ agreement in awarding attorneys fees and expert costs to one of the parties....
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...
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Article by David Hatem In a June 14, 2022 Unpublished Opinion, the Court of Appeals of the State of Washington in Washington State Department of Transportation v. Seattle Tunnel Partners, No. 54425-3-11, 2022 WL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...
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...
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...
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...
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