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...

Upcoming Webinar Provides Insights from Leading Construction General Counsel

by Kent Holland | Nov 5, 2020 | Newsletter Article

What if you had access to the insights of the top general counsel from five of the largest construction companies for 90 minutes and could get CE credit for it? The Chief Legal Officers from Hensel Phelps, Gilbane, Balfour Beatty, Burns and McDonald, and Big D...

Government Contractor Entitled to Time Extension (but not Costs) Caused by Pandemic Delay to Project

by Kent Holland | Nov 5, 2020 | Newsletter Article

A government contractor, pursuant to a fixed-priced contract with the U.S. Department of State, was constructing a rainwater capture and storage facility in Sierra Leone when the Ebola epidemic occurred in 2014.  As a result, the contractor suspended its work,...

Fraud Claims against Engineer Dismissed for Lack of Specificity

by Kent Holland | Sep 25, 2020 | Newsletter Article

Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool.  In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...