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Contractor Can’t Recover Insurance for Damages Caused by its Its Breach of Contract

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...

Quantum Meruit Recovery by Contractor Against Cher

by Kent Holland | Feb 7, 2011 | Newsletter Article

Contractor began construction on a $4.2 million home for Cher (movie star and singer/entertainer) based on a oral agreement that Cher would execute a written contract that had allegedly been negotiated between the parties.  Although Cher is alleged to have promised to...

Contractor may sue construction manager for negligent misrepresentation and supervision

by Kent Holland | Feb 7, 2011 | Newsletter Article

Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was...

Contractor Not Liable for Emotional Distress

by Kent Holland | Feb 7, 2011 | Newsletter Article

As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was...

Contractor sues engineer for misrepresenting site conditions

by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article

Where a general contractor prepared its bid in reliance upon information provided by the project owner’s engineer, and the site conditions differed from what was represented, the contractor sued the engineer for misrepresenting the conditions. Both the...
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