by Kent Holland | Jul 20, 2012 | Newsletter Article
Where a developer purchased property in reliance on an architect’s erroneous advice and incorrect plans that six new floors could be added to an existing building consistent with the applicable zoning laws, it could only recover damages actually incurred as a...
by Kent Holland | Jun 5, 2012 | Newsletter Article
By Suzanne H. Harness, J.D., AIA An article published in Engineering New-Record (ENR) on May 14, 2012 under the title “Fee Holdback Raises Eyebrows” has indeed drawn attention. The article explains that the design-build team on a U.S. General Services Administration...
by Kent Holland | Apr 26, 2012 | Newsletter Article
A no-damages-for-delay clause was held to prevent a contractor from recovering damages for delays even where there was evidence that poor planning and administration by the project owner contributed to delay and there was evidence that work by other contractors...
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...
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...
Connect