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Unlicensed Contractor forced to Refund all Payments back to the Homeowners

by Kent Holland | Dec 31, 2010 | Newsletter Article

A homeowner in California that contracted with a construction company to build a house filed suit for breach of contract and negligence, and violations of the state licensure requirements – seeking to recover sums it had paid to the contractor. The construction...

The Duty to Defend as part of Indemnity Agreement is Alive and Well in California: Don’t be fooled by Favorable Commentary on California SB 972

by Kent Holland | Dec 31, 2010 | duty to defend, Newsletter Article

With the signing into law of California Senate Bill SB 972, California amended Section 2782.8 of its Civil Code, thereby limiting the enforcement of indemnification clauses upon design professionals working for public agencies. Much positive hype and commentary has...

Agreeing to Pay Reasonable Attorneys Fees as Part of Indemnification May Create Uninsurable Loss

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...

Design Professionals Should not Agree to Defend Clients

by Kent Holland | Dec 15, 2010 | duty to defend, Newsletter Article

There is no common law duty of a consultant to defend its client against third party actions. That duty can only arise as a result of a contractually liability created through the indemnification clause of the contract. Since this is a contractual liability, it is...

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Risk Management Workshops by Kent Holland

Design professional’s design duty to mitigate against extreme weather events

Risk Management of Code Compliance

Design Professional’s Design Duty to Mitigate Against Extreme Weather Events

QA/QC and Efficiency Tactics for Design Professionals

Lessons Learned 2017 Litigation

Sexual Harassment in the Workplace Webinar

AIA B101 – Comparing 2007 & 2017 Owner-Architect Agreement

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Professional Liability - Ken Slavens, Husch Blackwell

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