Plaintiff Failed to Admit Requests for Admissions – and Defendant who won at Trial was entitled to Recover Attorneys’ Fees

by Kent Holland | Mar 18, 2022 | Newsletter Article

Where a homeowner sued contractor for failing to honor an alleged oral contract to build a house, the contractor submitted Requests for Admissions (RAFs) asking Owner to admit there was no oral contract and to grant other admissions.  Owner failed to make the...

Managing Risks of Payment Provisions in Design and Construction Contracts

by Kent Holland | Mar 18, 2022 | Newsletter Article

This article presents how ConstructionRisk, LLC typically revises and redlines contracts to protect against unreasonable payment provisions, and unreasonable demands to perform redesign in the event that the project pricing comes in over budget.  We begin with...

Payment Provision Concerns in Design and Construction Contracts Video

by Kent Holland | Mar 18, 2022 | Newsletter Article

Payment Provision Concerns in Design and Construction Contracts (New Video by Construction Risk, LLC)  This 3 minute video by Kent Holland addresses Payment Provisions clauses including pay-if-paid, pay-when-paid, and cost estimates exceeded. These provisions in...

Oral Contract did not Include Indemnification and Additional Insured Obligations

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a general contractor hired a scaffolding subcontractor for a hotel renovation project, an employee of that subcontractor suffered injury during his work, and he filed a petition against the hotel. The hotel filed a third party claim against the GC who then filed...

Spoliation of Evidence (homeowner tore down retaining walls)

by Kent Holland | Feb 7, 2022 | Newsletter Article

Where a homeowner filed suit against design professional and a contractor for defective services concerning extensive rock retaining walls they designed and built, the defendants move the trial court to dismiss the suit due to the fact that after filing suit, the...

Contract Deemed Express Contract Despite Contractor Failing to Sign It

by Kent Holland | Jan 19, 2022 | Newsletter Article

Contractor provided written proposal to project owner, containing details of the scope of work, as well as payment obligations.  The Owner signed it and made several payments for work performed by the contractor.  When contractor filed mechanics liens and sued to...