Indemnification Duty not Incorporated by Reference to Prime Contract

by Kent Holland | Aug 21, 2018 | Newsletter Article

Subcontract excavator owed a duty to indemnify and defend the prime contractor installing underground utility lines for a telecommunications company.   Two important holdings were (1) a state statute applicable to certain construction contracts, which prohibits...

Contractor may Sue Design Firms for Defective Plans & Specs on which They Relied

by Kent Holland | Aug 21, 2018 | Newsletter Article

This was a negligence cause of action in which the contractor argued that the designer breached duties owed to the contractor by providing deficient plans to the project owner upon which the contractor relied. The designers moved to dismiss, arguing they had no...

Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

by Kent Holland | Jun 25, 2018 | Newsletter Article

OSHA fined a general contractor (GC) for violations committed by its subcontractor related to an accident at a construction worksite where two roofers fell over twenty feet and sustained serious injuries when a spruce board used for scaffolding snapped in half. OSHA...

Lien Waiver and Release Forfeited Prime’s Right to Assert Subcontractor Pass-Through Claim

by Kent Holland | Jun 25, 2018 | Newsletter Article

A prime contractor on a federal government contract was held to have waived pass-through claims of its subcontractor by virtue of having signed a series of lien waivers and releases. To receive payment under the subcontract, the Sub was required to sign these periodic...

Third Party Beneficiary Claim against Subcontractor

by Kent Holland | Jun 25, 2018 | Newsletter Article

A city filed suit against an engineering subcontractor, asserting that the city was a third-party beneficiary of the subcontract. The subcontractor filed a motion for summary judgment, arguing that the city lacked privity of contract to file suit. The motion was...

Texas Certificate of Merit Requirement Does not apply to Third-Party Contribution Claims

by Kent Holland | May 13, 2018 | Newsletter Article

Engineer sued its client for unpaid fee. The client counterclaimed, alleging that engineering designs contained errors, omissions, and other deficiencies that caused the owner to sustain damages. The Engineer, while denying that there were any defects in the...