by Kent Holland | Oct 4, 2012 | Newsletter Article
A project owner/developer successfully recovered on most aspects of its complaint against a contractor for defective workmanship that caused window leaks and underground parking garage wall leaks, but its negligence claim was dismissed by summary judgment with the...
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...
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