Parties Waived their Contractual Rights to Arbitrate

by Kent Holland | Nov 23, 2021 | Newsletter Article

A contract between a homeowner and contractor set forth dispute resolution procedures calling for any dispute to be submitted to an Independent Decision Maker within twenty-one days of the occurrence of the event giving rise to the claim.  Receipt of an IDM decision...

Default Termination was Improper and was Converted to Termination for Convenience

by Kent Holland | Nov 8, 2021 | Newsletter Article

Where a city default terminated its construction contractor that was building the nation’s first arterial roadway with pervious concrete, the contractor filed suit against the city challenging the default, and asking the court to turn it into a convenience...

Liquidated Damages Are Restricted When Contractor Completed Major Two Phases of Three- Phase Government Project

by Kent Holland | Nov 8, 2021 | Newsletter Article

Federal Government Assessed liquidated damages (LDs) against Design-Build contractor who failed to timely complete the final phase of a three-phase contract.  Armed Services Board of Contract Appeals held that the government failed to property apportion the daily LD...

Individual Doing Business as a corporate name Held Individually Liable

by Kent Holland | Nov 8, 2021 | Newsletter Article

In an interesting case that went on for many years, a homeowner obtained judgment against an individual who claimed only his corporate entity should have been subject to arbitration.  The primary reason this occurred is that the homeowner suit named as the defendant,...

Indemnification – Negotiating a Reasonable Clause

by Kent Holland | Nov 8, 2021 | Newsletter Article

Check out my 4 minute video showing how our firm redlines changes to an indemnification clause to allocate the risk more reasonably for the Indemintor. This is available on the Kent Holland YouTube Channel. This video addresses key risk allocation issues in a typical...

Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs

by Kent Holland | Aug 20, 2021 | Newsletter Article

By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1, 2021. Unlike all but one State, for over a century Texas common law...