by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
by Kent Holland | Feb 8, 2011 | Newsletter Article
A construction contractor was delayed in completing a road construction project by a flaw in the design provided by the project engineer. The project owner (Broward County, Florida) denied the contractor’s delay and impact claim, asserting that it was barred by a...
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...
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