by Kent Holland | Dec 10, 2012 | Newsletter Article
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...
by Kent Holland | Jan 12, 2012 | indemnification clause, Newsletter Article
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...
by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
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...
by Kent Holland | Feb 6, 2011 | Newsletter Article
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...
by Kent Holland | Dec 31, 2010 | indemnification clause, Newsletter Article
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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