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 23, 2015 | Newsletter Article
J. Kent Holland, J.D. A trial court erred when it considered the course of dealings of the parties to determine the meaning of a design professional contract, and then issued a jury instruction advising the jury that the contract was not ambiguous. As a result, a $2...
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 | Nov 16, 2014 | Contracts for Design Professionals
Contract Guide and Course for Design Professionals – module 4 of 9. An AIA Continuing Education registered course. Discussion of the following contract areas: incorporation by reference, indemnification clause, contractual liability, and insurance. Course...
by Kent Holland | Mar 5, 2013 | indemnification clause, Newsletter Article
Where an employee of an electrical sub-subcontractor was injured on the jobsite, he sued the project developer, the prime contractor, and others. Those firms in turn filed a third-party claim against the sub-sub claiming the right to common law indemnity as well as...
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