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Good Faith and Fair Dealing Duty was Violated by Prime Contractor who Settled Claim with its Client without Including Subcontractor Claim

by Kent Holland | Jan 9, 2023 | Newsletter Article

The covenant of good faith and fair dealing “prohibits arbitrary or unfair acts by one party that work to the disadvantage of the other”.  In this appeal, the court held that the district court properly applied the covenant of good faith and fair dealing when it...

Prime Breached Good Faith Duty to Tender Subcontract Claim to Owner

by Kent Holland | Jul 22, 2022 | Newsletter Article

Subcontractor was granted summary judgment on its suit against Prime to recover damages for Prime’s failure to prosecute a pass-through claim for delay damages against the City of New York.  Court stated that the claim against the Prime was not barred by the...

Contractor Cannot Sue Engineer for Damages Allegedly Caused by Construction Administration

by Kent Holland | Jan 22, 2019 | Newsletter Article

Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....

Termination for Convenience Clause does not require Reason for Termination or Render Contract Illusory

by Kent Holland | Dec 23, 2015 | Newsletter Article

J. Kent Holland, J.D. Where a subcontractor sued the prime contractor for wrongfully issuing a termination for convenience, the trial court found in favor of the prime contractor, concluding that as a convenience termination a prime is not required to have a reason...

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