by Kent Holland | Feb 7, 2018 | limitation of liability clause, Newsletter Article
A design professional was granted summary judgment enforcing a $50,000 limitation of liability (LoL) clause and waiver of consequential damages clause in its contract with its client, the design-builder. Although this amount was only eight (8) percent of the...
by Kent Holland | Jul 26, 2017 | indemnification clause, Newsletter Article
By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...
by Kent Holland | Jun 1, 2017 | differing site conditions, Newsletter Article
Geotechnical, Saturated Soil, Geotechnical Report, Metcalf Construction During site excavation, a design-build contractor encountered a large quantity of unsuitable soils, and this required remediation before foundation work could commence for a building. In this...
by Kent Holland | Dec 7, 2015 | Newsletter Article
Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC In February 2002, the Inn of the Mountain Gods Resort and Casino in New Mexico (Owner) contracted with Centex/Worthgroup, LLC (Centex) for a design-build expansion and renovation project. Centex then subcontracted with...
by Kent Holland | Jan 30, 2014 | Newsletter Article
The New Jersey Schools Development Authority rejected, as nonresponsive, a bidder’s technical proposal on a design-build contract for a new school because a key team member of the bidder (the Project Architect) was involved in the previous development of the design...
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