by Kent Holland | Oct 24, 2018 | Newsletter Article
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...
by Kent Holland | Aug 21, 2018 | Newsletter Article
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...
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 | May 13, 2018 | Newsletter Article
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...
by Kent Holland | May 13, 2018 | Newsletter Article
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...
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