by Kent Holland | Feb 7, 2011 | differing site conditions, Newsletter Article
A construction contractor was entitled to change orders where it encountered differing site conditions that required the use of form footings instead of trench footings as has been planned. The plans and specifications incorporated into the contract contained...
by Kent Holland | Feb 7, 2011 | Newsletter Article
An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work. Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...
by Kent Holland | Feb 7, 2011 | Newsletter Article
As a result of poor construction, a jury awarded judgment against a contractor in favor homeowners for recovery of the full cost of necessary repair to the home plus damages for emotional distress caused by the contractor’s negligent performance. $50,000 was...
by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...
by Kent Holland | Jan 11, 2011 | Newsletter Article
An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work. Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...
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