Time was not of the essence so no time related costs could be awarded

by Kent Holland | Oct 13, 2025 | Newsletter Article

Where contractor filed suit against subcontractor for breach of contract, the trial court granted the subcontractor’s motion for summary judgment on the issue of time related damages.  Other issues in dispute will go to trail.  The subcontractor was responsible for...

Defendant’s Negligence must be Substantial Factor in Causing Injury before Liability Can be found (No Proximate Cause)

by Kent Holland | Oct 13, 2025 | Newsletter Article

A pickup truck was traveling too fast on an icy, divided interstate highway and suddenly lost control, hurtled across a 42-foot-wide median, and collided with an 18-wheeler before the defendant had time to react. The collision killed one of the pickup’s occupants and...

Impact of Undocumented Immigrants in the United States

by Kent Holland | Oct 13, 2025 | Newsletter Article

Most large construction projects in which I am involved have a large percentage of Hispanic workers.  The deportation efforts of the current administration are going to impact the amount of time it takes to complete construction projects as well as the cost to...

Contractor not Required to Remediate Hazardous Environmental Conditions that Weren’t Disclosed by Project Owner

by Kent Holland | Jul 21, 2025 | Newsletter Article

A project owner attempted to require a contractor to dispose of hazardous levels of PCBs the contractor removed from the interior of standpipes it was working on.  After having completed its work of blasting and repainting the interior of the standpipe, the contractor...

Homeowner Couldn’t Claim Consequential Damages against Builder in New York

by Kent Holland | Jul 21, 2025 | Newsletter Article

Consequential damages weren’t contemplated when a homeowner executed a contract with a builder to reroof a residence.  While work was being performed a storm occurred and caused water damage to the attic.  The homeowner sued the builder, and after discovery was...

Breach of Contract Statute of Limitations Applies to Indemnification Litigation

by Kent Holland | Jul 21, 2025 | Newsletter Article

In a decision by the Massachusetts Supreme Judicial Court (SJC), it was held that the tort statute of repose that sets a time bar for filing tort actions for damages arising out of design defects was not applicable to a project owner claim against a design firm based...