Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs

by Kent Holland | Sep 19, 2024 | Newsletter Article

By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1, 2021. Unlike all but one State, for over a century Texas common law...

Demand for an Indemnitor to Defend and Indemnify is not Premature Where Underlying Dispute Has not been decided

by Kent Holland | Jul 25, 2024 | Newsletter Article

A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of...

Prevailing Party Attorneys Fees Improperly Awarded to Subcontractor

by Kent Holland | Jul 25, 2024 | Newsletter Article

In a contract dispute between a project owner and a construction subcontractor, the trial court awarded prevailing party attorneys fees to a subcontractor pursuant to contractual prevailing party attorneys fees clause, because it determined that the subcontractor...

Unlicensed Joint Venture is Non-Responsive Bidder

by Kent Holland | May 31, 2024 | Newsletter Article

A joint venture formed for the sole purpose of bidding on a public contract is required to be registered as a contractor under the Public Works Contractor Registration Act (PWCRA), N.J.S.A. 34:11-56.48 to – 56.57, at the time of the bid submission. Appeal...

Insurance Agent Liable to Contractor for Misrepresenting Additional Insured Status and Failing to Procure Insurance Coverage

by Kent Holland | May 31, 2024 | Newsletter Article

General Contractor for a condo building settled the project developer’s claim against it and then filed suit against its subcontractor/engineer’s insurance agent based on the agent’s misrepresentation on a certificate of insurance and failure to procure additional...

Time Limit for Filing Suit May be Shortened by Construction Contract

by Kent Holland | May 28, 2024 | Newsletter Article

Where plaintiff sued a contractor for construction defects, the contractor filed for summary judgment to dismiss the action because it was filed later than the time period specified in the contract.  Although the action was filed within the time permitted under the...