by Kent Holland | May 21, 2025 | Current Issue:, Newsletter Article
If you agree by contract clause to pay the prevailing party’s attorneys’ fees, and the court would not have imposed those fees in the absence of the contractual obligation, the professional liability policy will not cover those fees as “damages.” The contractual...
by Kent Holland | Jul 25, 2024 | Newsletter Article
In a contract dispute between a project owner and a construction subcontractor, the trial court awarded prevailing party attorneys fees to a subcontractor pursuant to contractual prevailing party attorneys fees clause, because it determined that the subcontractor...
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...
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