Statute of Limitations for Filing Equitable Indemnity Claim Accrues Only When Party Seeking Indemnity Has Been Served a Complaint Giving Rise to the Indemnity Claim

by Kent Holland | Aug 14, 2013 | Newsletter Article

A homeowner association sued a contractor, alleging numerous construction defects and code violations.  Two years later, the association filed an amended complaint adding a new allegation that the contractor installed defective plumbing and sewer systems. Based on the...

Payments by Prime Contractor to Subcontractor in Contravention to Assignment Agreement Requiring Payment to Bank, Entitles Bank to Recover on Every Misdirected Check Even Though Significantly Exceeding Actual Damages

by Kent Holland | Aug 14, 2013 | Newsletter Article

A bank was found entitled to recover the full value of all payments from a prime contractor that were misdirected to the subcontractor, where the prime contractor had acknowledged the subcontractor’s assignment agreement with the bank and had agreed to make payments...

Contribution Claim by Contractor’s Insurance Carrier against Architect as a Joint Tortfeasor

by Kent Holland | Aug 14, 2013 | Newsletter Article

Where a general contractor settled a defective construction claim with the project owner during arbitration, the insurance carrier for the contractor subsequently filed a contribution and indemnity law suit against the engineering firm that had been under separate...

Where Owner Alleges Only Future Possible Damages and Not Current Actual Damages, Summary Judgment Must be Granted to Engineer

by Kent Holland | Jun 27, 2013 | Newsletter Article

A Water Authority filed suit against its engineering firm for negligence and breach of contract, alleging that various deficiencies in its services caused the Authority to incur costs of having to dig up and investigate pipelines installed by its contractor.  The...

Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred

by Kent Holland | Jun 27, 2013 | indemnification clause, Newsletter Article

Does a typical indemnification clause that requires a party such as a contractor or design professional to indemnify its client for damages the client sustains due to the actions of Indemnitor apply only to damages resulting from third party claims against the client,...

CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

Under Connecticut law it was held that a CGL carrier had a duty to defend its named insured, swimming pool construction prime contractor, against suits by homeowners alleging cracking in their new pools due to defective workmanship by concrete supply subcontractors....