A design-build contractor made changes to the size of steel supports for a bridge contrary to the design specifications and without approval of design engineer. It then built the bridge despite being advised of the non-conformities by its two subcontracted engineering...
An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...
An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...
By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...
A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...
An indemnification clause in a contract between a table rental company and restaurant was held to be unenforceable where the Indemnitee sought to be indemnified for its own negligence. The indemnity claim arose out of a suit by patron at a restaurant who was injured...
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...
An arbitration award to a homeowner against a homebuilder/contractor only determined damages and did not provide any explanation for the basis of the award – such as who was at fault or even what elements of the complaint formed the basis for the award. A court...
Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied. This is because it agreed to contract language stating it would comply with the...
Connect