by Kent Holland | Dec 13, 2017 | Newsletter Article
Where disabled individuals sued the City of Los Angeles for alleged failure of the city’s bus facility to meet the accessibility standards of the Americans with Disabilities Act (ADA) and of the Rehabilitation Act, the city filed a third party complaint against AECOM...
by Kent Holland | Nov 15, 2017 | indemnification clause, Newsletter Article
An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...
by Kent Holland | Sep 26, 2017 | Newsletter Article
Carbon monoxide was released into a newly constructed home due to incorrect installation of a water heater vent. The commercial general liability (CGL) carrier for the contractor declined to defend and indemnify the contractor against a suit for the homeowner’s...
by Kent Holland | Aug 28, 2017 | indemnification clause, Newsletter Article
By: Kent Holland A contract required the architect to indemnify its project owner client (a hotel) against damages and attorneys fees arising from injuries on hotel property. The hotel, architect and others entered into settlement agreements with a plaintiff that...
by Kent Holland | Jul 26, 2017 | Newsletter Article
By: J. Kent Holland, Jr. A recent court decision requiring an engineer to indemnify and defend its client, a project owner, against a routine contractor claim is a wakeup call to further clamp down on indemnification language so that only those damages resulting from...
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