by Kent Holland | Jan 12, 2012 | indemnification clause, Newsletter Article
Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages. Wal-Mart’s first party claim...
by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article
Where a firm (Parsons Infrastructure) entered into a contract to design and construct a soda ash processing plant for Kerr-McGee Chemical Corp (KM) and agreed to provide KM with a defense and indemnity against losses arising out of negligent performance of its work, ...
by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article
Black & Veatch (“B & V”) contracted with Portland General Electric (“PGE”) to engineer, procure and construct a power generating facility called the Port Westward Power Plant, and it subcontracted to a specialty subcontractor to install the combustion turbine...
by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims
In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...
by Kent Holland | Dec 15, 2011 | indemnification clause, Newsletter Article
In a wrongful death action brought by the estate of an electrician against a project owner and its architect, the owner made a cross claim for indemnification and contribution against the Architect. That claim was dismissed pursuant to a motion for summary judgment,...
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