by Kent Holland | Feb 14, 2023 | Newsletter Article
A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order. The court held that the language of the subcontract...
by Kent Holland | Jan 9, 2023 | Newsletter Article
A lien waiver form titled “Waiver of Lien to Date” was revised by the subcontractor in handwriting by striking out the words “to date” and writing in their place “Partial.” The contractor then paid the subcontractor $33,448 per the release but refused to pay an...
by Kent Holland | Jan 9, 2023 | Newsletter Article
A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order. The court held that the language of the subcontract...
by Kent Holland | Jan 9, 2023 | Newsletter Article
Where a contractor’s laborer died from poisonous gas exposure when he went into a manhole, his family filed suit against an Engineering firm alleging that the firm was negligent is causing the individuals death. They failed to include a certificate of merit with...
by Kent Holland | Jan 9, 2023 | Newsletter Article
The covenant of good faith and fair dealing “prohibits arbitrary or unfair acts by one party that work to the disadvantage of the other”. In this appeal, the court held that the district court properly applied the covenant of good faith and fair dealing when it...
by Kent Holland | Dec 16, 2022 | Newsletter Article
A Commercial General Liability (CGL)Insurance carrier had a duty to defend a property developer who was an additional insured under a subcontractor’s CGL policy in a lawsuit by a homeowner association (HOA). While a lower court granted the carrier summary judgment...
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