When is Landowner liable to independent contractor’s employee for site safety?

by Kent Holland | Jul 22, 2011 | Newsletter Article

A landowner that hires an independent contractor may be liable to the contractor’s employee if the landowner knew or should have known of a latent or concealed preexisting condition on its property, the contractor didn’t know and couldn’t have reasonably discovered...

New Law Restricts Scope of Indemnity Clauses in Subcontracts for Residential Construction in California

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: Thelen Reid & Priest LLP A new law effective in 2006 limits the scope of indemnity clauses in subcontracts on residential construction projects in California. The law is important for developers, contractors and subcontractors who are involved, even on an...

What is Intended by “Collapse” Covered by Insurance Policy?

by Kent Holland | Jul 22, 2011 | Newsletter Article

In a coverage dispute suit by a building owner against its property general liability insurance carrier, the question to be resolved by the court was whether the owner was entitled to recover for a potential collapse of part of its building.  The court rejected the...

Pollution Exclusion of GL Policy Applied to Deny Coverage for Dry Cleaning Chemicals

by Kent Holland | Jul 22, 2011 | Newsletter Article

By:  J. Kent Holland, J.D. The operator of a dry cleaning business demanded that her CGL carrier defend and indemnity her in connection with an administrative claim by a county government requiring her to determine the extent of pollution and then implement remedial...

Construction Risk Management Using Event Chains Methodology

by Kent Holland | Jul 22, 2011 | Newsletter Article

By: Lev Virine, Ph.D. Construction Project Planning and Estimations You created a well-balanced schedule of the construction project and thought that you had taken into account almost every possible scenario and risk. However, as soon as you started implementing your...

Texas Mechanic’s & Materialman’s Liens — A Complex Process Just Got More Complex

by Kent Holland | Jul 22, 2011 | Newsletter Article

By Stanley P. Santire, JD House Bill H.B. 629, passed by the Texas Legislature in 2005 impacts the statutory lien process in Texas .   H.B. 629 was codified as an addition to Section 53.107 and amendments to Section 53.103 of the Texas Property Code. (i) Chapter 53...