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....

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

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

A CGL insurance carrier owed a duty to defend its insured against a homeowner suit that alleged defective work, despite lack of clarity in the complaint that the work was performed by a subcontractor, and despite any indication in the complaint that the work caused...

Subcontractor Entitled to Punitive Damages for Prime’s Breach of Contract

by Kent Holland | Jun 27, 2013 | Newsletter Article

A written subcontract called for the Subcontractor to perform certain debris removal. This work was necessitated by Hurricane Katrina.  Although the contract was only for work to be performed north of a particular highway, the subcontractor claimed that shortly after...

Terminated Contractor Cannot Sue Architect for Tortious Interference with Contract

by Kent Holland | Jun 10, 2013 | Newsletter Article

Summary Judgment must be granted to Architect against Contractor’s suit that claimed Architect tortuously interfered with its contract by recommending that the project owner terminate the contractor for default.  The architect based its recommendation on what it...

No Statutory Immunity for Engineer as Agent/Employee of City where Contractor Sued It for Tortious Interference with Contract and Negligence

by Kent Holland | Jun 7, 2013 | Newsletter Article

The engineering firm, Arcadis U.S., and several of its employees, asked the court to dismiss a contractor lawsuit against them on the basis that they were immune from suit because they were acting as agents or employees of the City government when making decisions...