Prime Contractor Duty to Timely Submit Subcontractor Change Orders to Project Owner (Government)

by Kent Holland | Sep 19, 2019 | Newsletter Article

A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...

Indemnification Obligation of Contractor to Architect for Subcontractor Employee Injury

by Kent Holland | Sep 19, 2019 | indemnification clause, Newsletter Article

When an employee of a landscape subcontractor was injured in a crane accident he sued the project’s roofing contractor (“KJC”) and the architect, Skidmore, Owings and Merrill (“SOM”). Architect was entitled to summary judgment to enforce the indemnity clause in the...

Inspection of Contractor’s Allegedly Defective Work Subjects Architect to Personal Injury Action

by Kent Holland | Sep 19, 2019 | Newsletter Article

Employee of a medical center filed a personal injury suit against the building owner and also against the project architect that issued project performance specifications and reviewed contractor shop drawings of component parts proposed by the contractor for cleanout...

Accepting Late Performance of Work Does Not Bar Recovery for Delay Damages

by Kent Holland | Aug 13, 2019 | Newsletter Article

Where project owner chose not to terminate contractor for failing to substantially complete project by contractually established deadline, but permitted late completion, this did not waive entitlement to recover delay damages. McPherson Builders, Inc. v. Performance...

Defective Work by Flooring Subcontractor that Causes Damage to Work of other Subcontractors on the Flooring Subsystem Covered by CGL Policy

by Kent Holland | Aug 13, 2019 | Newsletter Article

A commercial general liability (CGL) policy insurance carrier sought declaratory judgment that it owed no duty to defend or indemnify a subcontractor that was insured under the policy for damages allegedly caused by the subcontractor’s concrete slab work for a...

Engineer Had no Duty to Warn a Contractor’s Employee of Dangerous Condition of Roof

by Kent Holland | Aug 13, 2019 | Newsletter Article

Engineer that was hired by school district prepared plans for certain roof repairs, and also prepared contract documents and bidding documents for use of the school in bidding out the roofing project to contractors.   After award to the low bidder, an employee of the...