Contractor’s Duty to Seek Clarification of Ambiguity in Specifications; Architect’s Decision on Dispute is Final

by Kent Holland | Mar 23, 2015 | construction contract tips, Newsletter Article

In a dispute involving whether a subcontractor satisfied the contract plans and specifications when it installed escalators for an airport expansion project, the appeals court held that because the subcontractor (Otis Elevator) was aware of an ambiguity concerning the...

“Pollution Exclusion” in CGL Policy Enforced to Bar Recovery for Injuries from Contractor’s use of a Concrete Sealant

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: J. Kent Holland, Jr., Esq., ConstructionRisk Counsel, PLLC A federal appeals court vacated a district court ruling and found that the pollution exclusion in a commercial general liability (CGL) policy precluded a contractor from seeking defense and indemnification...

No Damages for Delay Clause Held Unenforceable as Against Public Policy

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...

Protests Up & Sustains Down – A Brief Review of GAO’s FY 2014 Bid Protests

by Kent Holland | Feb 23, 2015 | Newsletter Article

By Derek R. Mullins, Esq., Sheppard Mullin law firm. (http://www.sheppardmullin.com/) This article is reprinted with permission from the Sheppard Mullin Quarterly Review. On November 18, 2014, the U.S. Government Accountability Office (“GAO”) published its Annual...

Condo Owners Cannot Sue Original Builder for Implied Warranty: Economic Loss Rule Applied

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., Esq., ConstructionRisk Counsel, PLLC Where a condominium homeowners’ association brought claims for breach of implied warranty and negligence against the general contractor that built the condominiums, but not the developer who engaged the...

The “Your Work” Exclusion in CGL Policy Barred Coverage for Replacing Brick Wall Due to Defective Application of Joint Tape to the Underlayment Board

by Kent Holland | Jan 14, 2015 | Newsletter Article

A subcontractor’s CGL policy  was held not to cover costs for removing  and replacing  a brick wall due to defective  installation  of joint  tape that had been used by the subcontractor  to seal the blue board insulation  before  constructing  the brick wall....