by Kent Holland | Jul 22, 2011 | Newsletter Article
By J. Michael Littlejohn, Esq. Akerman Senterfitt Wickwire Gavin In October, the Court of Federal Claims issued a decision determining that, based on trial testimony, a construction contractor that had been seeking affirmative claims against the United States Corps of...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr., JD. ConstructionRisk, LLC www.ConstructionRisk.com In December 2006, the Texas Department of Transportation (TxDOT) issued new procedures to be applied in engineering, architectural and surveying contracts. These are called “Consultant...
by Kent Holland | Jul 22, 2011 | Newsletter Article
[printfriendly] By: J. Kent Holland, Jr., JD. ConstructionRisk, LLC Executive Summary Adding either a project owner or another architect/engineer as an additional insured under a professional liability policy could have such serious adverse consequences to all...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. When EPA issued an administrative order to the operator of a rock quarry, and subsequently filed a lawsuit, alleging that the operator had, without a permit, discharged fill material consisting of dirt and rocks into a creek, the quarry...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. The pollution exclusion of a commercial general liability (CGL) policy was enforced to exclude coverage for injuries allegedly caused from carbon monoxide that was emitted from a propane-powered grinder that was being used to grind terrazzo...
by Kent Holland | Jul 22, 2011 | Newsletter Article
Indemnification: Addressing the Contract Language Details By: J. Kent Holland, Jr. Indemnification clauses in contracts are described by some courts as being Type I, Type II or Type III. Others categorize the clauses as “Broad Form,” “Intermediate Form” and “Narrow...
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