Limitation of Liability Clause Enforced

by Kent Holland | Jul 22, 2011 | limitation of liability clause, Newsletter Article

By: J. Kent Holland, Jr. Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial...

Contractor’s Failure to Obtain Requisite Signatures on a Change Order Bars Breach of Contract Claim

by Kent Holland | Jul 22, 2011 | Newsletter Article

By:  Katz & Stone law firm In order to maintain a suit for breach of contract based upon a change order, contractors must ensure that their change orders satisfy the requisite contractual requirements.  And depending upon the jurisdiction, contractors must also...

Defective Roof Work Excluded from CGL Coverage but damage caused by defective roof to property inside building is covered (Contractual Liability Exclusion not Applicable)

by Kent Holland | Jul 22, 2011 | Newsletter Article

J. Kent Holland, Jr. Where a contractor and its subcontractor allegedly performed defective work while repairing  and replacing a roof on an apartment building allowing extensive water damage to the interior of the building while the work was in progress, a court held...

Repair of Subcontractor’s Defective Work on Concrete Slab not Covered by CGL Policy

by Kent Holland | Jul 22, 2011 | Newsletter Article

By:  J. Kent Holland, Jr. Prime contractor’s commercial general liability (CGL) policy was held to clearly and unambiguously exclude coverage for faulty workmanship performed by a subcontractor.   Prime contractor, Greer Construction, was hired by the project owner...

OSHA and Multi-Employer Worksite Safety Responsibility Significantly Changed by New OSHA Review Commission Ruling

by Kent Holland | Jul 22, 2011 | Newsletter Article

By Lawrence F. Feheley , Esq. Since 1976, OSHA has imposed responsibility for safety at multi employer worksites on a wide range of employers. Although a multi-employer worksite, which is one in which a number of contractors or employers work at the same site...

No Damage for Delay Clause Enforced against Contractor Claim

by Kent Holland | Jul 22, 2011 | Newsletter Article

By:  J. Kent Holland, Jr. A contractor that was delayed in completing its construction of three buildings on a college campus due principally to the existence of an excessive number of errors, omissions and conflicts in the design documents provided by the owner was...