by Kent Holland | Jul 22, 2022 | Newsletter Article
Arbitrator awarded attorneys fees to one party in an action. This decision was appealed and the appellate court affirmed, holding that the arbitrator at least arguably construed the parties’ agreement in awarding attorneys fees and expert costs to one of the parties....
by Kent Holland | Mar 18, 2022 | Newsletter Article
Where a homeowner sued contractor for failing to honor an alleged oral contract to build a house, the contractor submitted Requests for Admissions (RAFs) asking Owner to admit there was no oral contract and to grant other admissions. Owner failed to make the...
by Kent Holland | Nov 8, 2021 | Newsletter Article
Where a city default terminated its construction contractor that was building the nation’s first arterial roadway with pervious concrete, the contractor filed suit against the city challenging the default, and asking the court to turn it into a convenience...
by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article
An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...
by Kent Holland | Feb 28, 2019 | Newsletter Article
By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...
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