by Kent Holland | Aug 2, 2019 | Newsletter Article
Subcontractor sought to litigate claims against a prime contractor instead of arbitrating them as called for by the disputes clause of the subcontract. It argued that the disputes clause of the incorporated by reference prime agreement specified litigation of claims....
by Kent Holland | Aug 2, 2019 | Newsletter Article
An eight year statute of repose period was triggered by the date of substantial completion of panel installation instead of the subsequent date of substantial completion and certificate of occupancy of the whole house. A homeowner sued a company that manufactured...
by Kent Holland | Aug 2, 2019 | Newsletter Article
A lawsuit by Texas Southern University against architects and engineers was dismissed with prejudice where the plaintiff failed to file a certificate of merit with its complaint. The trial court did not abuse its discretion if refusing to allow an extension of time...
by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article
Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...
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