An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...
By: Paul Porvaznik, Esq. A triple shot of defeat. Actually, more like a quadruple shot. The defendant in Fraser v. Jackson, 2014 IL App (2d) 130283, lost at trial in a personal injury suit, his expert was barred from testifying as a discovery sanction, his...
In a very strange (and I believe wrongly decided case), the Supreme Court of Idaho held that where a contractor was defended by its commercial general liability (CGL) carrier, and was found liable for breach of an implied warranty of workmanship in performing the work...
Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal. Also, an award of $10.5 Million attorneys fees was granted to the Owner...
A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract. Often the law of the state where the project is performed is selected as the governing law. It...
Article by J. Kent Holland – ConstructionRisk Counsel, PLLC In an important decision clarifying that attorneys fees incurred by a contractor in preparing and negotiating a change order or Request for Equitable Adjustment (REA) are allowable to be directly charged to...
Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages. Wal-Mart’s first party claim...
As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...
Although oral contracts for construction or renovation of residential home improvement projects may be voidable pursuant a California statute, they are not automatically void, and in fact a homeowner must demonstrate that the contractor is not entitled to have the...
A question that is asked with increasing frequency is whether attorneys fees incurred pursuant to an indemnity clause are insurable where they are not incurred due to a duty to defend (i.e., paid on behalf of the indemnitee) but are instead paid after the litigation...
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