by Kent Holland | Jan 3, 2012 | Newsletter Article
Where a contractor entered into a design-build contract with the U.S. Navy to build four buildings at the Pensacola Naval Air Station, and included a liquidated damages (LD) provision in the subcontract with its subcontractor, that LD provision was enforceable despite...
by Kent Holland | Jun 7, 2011 | indemnification clause, Newsletter Article
A general contractor under contract to the Dallas Area Rapid Transit Authority (DART) was sued by the owner of a building adjacent to the construction site, alleging that water damage was caused by the contractor’s negligent construction activities. In addition to...
by Kent Holland | May 2, 2011 | Newsletter Article
Where contractor entered into an oral contract with a real estate attorney to perform major renovations to the attorney’s new home which had previously been a small apartment building, the owner/attorney coxed the contractor (a friend who had performed work for him in...
by Kent Holland | Feb 9, 2011 | Newsletter Article, standard of care
A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a...
by Kent Holland | Feb 7, 2011 | Newsletter Article
A contractor sought recovery from its commercial general liability (CGL) policy for damages that the project owner claimed for water leakage and damage caused by the Exterior Insulation System furnished and installed by the contractor. The insurance company filed a...
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