Pollution Exclusion in Well Driller’s CGL Policy Barred Coverage for Damages Allegedly Caused by Hydraulic Fracturing

by Kent Holland | Jul 18, 2012 | Newsletter Article

J. Kent Holland, Jr., J.D. Where a hydraulic fracturing well driller was sued by a homeowner who alleged his drinking water was contaminated by the release and discharge of pollutants and contaminants due to improper cement casing of the gas wells and other activities...

Design-Build Team Guarantees Energy Performance on GSA Project

by Kent Holland | Jun 5, 2012 | Newsletter Article

By Suzanne H. Harness, J.D., AIA An article published in Engineering New-Record (ENR) on May 14, 2012 under the title “Fee Holdback Raises Eyebrows” has indeed drawn attention.  The article explains that the design-build team on a U.S. General Services Administration...

Prime Contractor that Relied on Subcontract Bid Can Recover Damages Based on Promissory Estoppel

by Kent Holland | Apr 26, 2012 | Newsletter Article

Subcontract bidder is found liable to a prime contractor that relied upon its subcontract bid when preparing the successful prime contract bid.  The presumptive measure of damages applicable to promissory estoppel for the general contractor that relies upon a...

No-Damages-For-Delay Clause Enforced Even When Owner and Other Contractors Caused Delay

by Kent Holland | Apr 26, 2012 | Newsletter Article

A no-damages-for-delay clause was held to prevent a contractor from recovering damages for delays even where there was evidence that poor planning and administration by the project owner contributed to delay and there was evidence that work by other contractors...

What Warranty Notice to Contractor is Required Before Owner Retains Different Contractor to Repair and Replace Defective Work?

by Kent Holland | Apr 11, 2012 | Newsletter Article

Vinyl floors installed by contractor in the operating rooms of a new hospital suffered from bubbles and split seams, and created a rough and uneven surface.  For over a year the contractor attempted to correct the problems, and did so for beyond the one year warranty...

Statute of Limitations for Breach of Contract Rather Than Negligence Applies to Lawsuit against Engineer That Performed Services Pursuant to Written Contract

by Kent Holland | Apr 11, 2012 | Newsletter Article

A suit against an engineering firm for professional malpractice was timely filed even though the four year statute of limitations period for tort actions had lapsed, where the services were performed pursuant to a written contract, because the six year statute of...