by Kent Holland | Jan 19, 2022 | Newsletter Article
A contract between an Engineer subconsultant and an Architect contained a limitation of liability clause stating that liability was limited to twice the amount of Engineer’s fee. When Architect sued Engineer for damages the project owner was awarded in arbitration,...
by Kent Holland | Feb 7, 2018 | limitation of liability clause, Newsletter Article
A design professional was granted summary judgment enforcing a $50,000 limitation of liability (LoL) clause and waiver of consequential damages clause in its contract with its client, the design-builder. Although this amount was only eight (8) percent of the...
by Kent Holland | Jan 13, 2016 | economic loss doctrine, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...
by Kent Holland | Feb 18, 2013 | Newsletter Article
Where a subcontract contained an “incorporation by reference” clause, expressly incorporating the terms of the prime contract between the general contractor and project owner, the “waiver of consequential damages” clause of the prime contract flowed down to the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When an oral surgeon hired a contractor to construct his office and was unable to use part of the finished office due problems with the floors, he sued the contractor for damages, including loss of profits. The court held that the possibility that there would be lost...
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