by Kent Holland | Dec 21, 2021 | Newsletter Article
This article is written from the subcontractor’s perspective. When negotiating its subcontract, the subcontractor may be successful in obtaining reasonable clauses concerning standard of care, time for performance, indemnification, limited warranties and other...
by Kent Holland | Aug 2, 2019 | Newsletter Article
Subcontractor sought to litigate claims against a prime contractor instead of arbitrating them as called for by the disputes clause of the subcontract. It argued that the disputes clause of the incorporated by reference prime agreement specified litigation of claims....
by Kent Holland | Aug 21, 2018 | Newsletter Article
Subcontract excavator owed a duty to indemnify and defend the prime contractor installing underground utility lines for a telecommunications company. Two important holdings were (1) a state statute applicable to certain construction contracts, which prohibits...
by Kent Holland | Feb 20, 2017 | Newsletter Article
Where an elevator subcontractor filed a breach of contract claim against the general contractor for damages resulting from delay to the performance of the work, the general contractor moved for summary judgment on the basis that the subcontractor failed to comply with...
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...
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