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...

Prime Contractor Liable for Injuries to Subcontractor Employee (No Indemnification Recovered)

by Kent Holland | Aug 13, 2019 | indemnification clause, Newsletter Article

Subcontractor’s employee was injured by falling into an expansion joint in a concrete floor that the prime contractor failed to adequately cover with plywood. This employee sued the prime contractor for his injuries. An indemnification clause in the subcontract...

Dispute Clause Interpretation in Prime and Subcontract Language

by Kent Holland | Aug 2, 2019 | Newsletter Article

Subcontractor sought to litigate claims against a prime contractor instead of arbitrating them as called for by the disputes clause of the subcontract. It argued that the disputes clause of the incorporated by reference prime agreement specified litigation of claims....

Statute of Repose Starts Running When Subsystem is Installed Rather than When Entire House Reaches Certificate of Occupancy

by Kent Holland | Aug 2, 2019 | Newsletter Article

An eight year statute of repose period was triggered by the date of substantial completion of panel installation instead of the subsequent date of substantial completion and certificate of occupancy of the whole house. A homeowner sued a company that manufactured...