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Tort Statute of Repose Inapplicable to Suit against Architect based of Breach of Indemnity Clause

by Kent Holland | Apr 27, 2026 | Current Issue:, Newsletter Article

A design firm agreed to design a new athletic field for the plaintiff, Trustees of Boston University (university). It promised to indemnify the university for “any and all” expenses incurred by the university as a result of the architect’s...

Indemnification Obligation is Premature if Negligence is not Demonstrated

by Kent Holland | Dec 30, 2024 | Newsletter Article

Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...

Demand for an Indemnitor to Defend and Indemnify is not Premature Where Underlying Dispute Has not been decided

by Kent Holland | Jul 25, 2024 | Newsletter Article

A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of...

Economic Loss Doctrine Enforced to Bar Claim against Design Professional by a Third Party Plaintiff

by Kent Holland | Jul 17, 2023 | Newsletter Article

When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects.  The Contractor then filed third-party claims against the client’s architect and against the geotechnical...

Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

by Kent Holland | Jun 23, 2022 | Newsletter Article

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This...
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