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Contractor Entitled to Recover Delay Damages including Overhead Costs

by Kent Holland | Jan 26, 2021 | Newsletter Article

An appellate court reversed the trial court judgment that held a Contractor was not entitled to costs associated with delays (including overhead) on a city building project.  The city argued that the contractor was late in submitting its claim for damages and it also...

Insurance Carrier Was Correctly Dismissed from Litigation Against Engineer

by Kent Holland | Jan 26, 2021 | Newsletter Article

A commercial general liability (CGL) carrier was entitled to summary judgment that it owed no duty to defend an engineering firm against a lawsuit alleging that the firm had intentionally defrauded the homeowners in a community concerning the quality of their drinking...

Road Construction Contractor Owed Duty of Care to Motorist

by Kent Holland | Dec 29, 2020 | Newsletter Article

A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due...

Brand Name or Equal Specification Makes Contractor Responsible for Design Changes Necessary for use of the Or Equal

by Kent Holland | Dec 29, 2020 | Newsletter Article

A contract clause making the contractor solely responsible for any changes of whatsoever nature was not ambiguous when it came to the extra costs to change the influent pipe size and design to fit with an “or equal” equipment item submitted by the contractor in place...

General Contractor Allowed to Bring Third Party Claim against Architect for Defective Specifications

by Kent Holland | Nov 5, 2020 | Newsletter Article

Brasfield & Gorrie LLC (Brasfield) was a general contractor (GC) hired by Fritz Farm Retail Company, LLC to construct The Summit at Fritz Farm, a multi-use development.  Brasfield entered into a subcontract with Harrod Concrete and Stone Co. (Harrod), for Harrod...

Design Professional Contracts: 1 Minute Construction Risk Management Video Series

by Kent Holland | Nov 5, 2020 | Newsletter Article

Kent Holland created this series of short videos to provide risk management and contract drafting tips for design professional contracts. Each video is one to two minutes in length.  At the conclusion of each video, the next one will start automatically.  Or you can...
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