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Liquidated Damages in Design-Build subcontract Are Enforceable Even Where Far Exceeding Actual Damages

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...

“No Damages for Delay” Clause Enforced Against Contractor Claim

by Kent Holland | May 23, 2011 | Newsletter Article

Where a contractor signed a contract with a municipality that included a clear and unambiguous “no damages for delay” clause, it was held that such a clause did not violate public policy, and that as a result of the clause the contractor was not entitled to recover...

Contractor May be Sued for Lost Profits arising out of Breach of Contract

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...

Punitive Damage Award Against Insurance Company Reversed by Supreme Court as Excessive

by Kent Holland | Feb 9, 2011 | Newsletter Article

When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy...

Mold-Related Construction Defect Claims: Who is Liable for Alleged Damage Caused by Exterior Insulation Finishing Systems (“EIFS”)

by Kent Holland | Feb 9, 2011 | Newsletter Article

By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is...
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