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Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract

by Kent Holland | Feb 20, 2017 | Newsletter Article

A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...

Notice of Claim Requirement Flows Down from Prime Agreement and is Strictly Applied to Disallow Subcontractor Claim

by Kent Holland | Feb 20, 2017 | Newsletter Article

Where an elevator subcontractor filed a breach of contract claim against the general contractor for damages resulting from delay to the performance of the work, the general contractor moved for summary judgment on the basis that the subcontractor failed to comply with...

Contractor May Recover on Differing Site Condition Despite Not Following the Notice Requirements of Contract

by Kent Holland | Dec 19, 2016 | differing site conditions, Newsletter Article

After final payment was made under its contract, a utility construction contractor submitted a written request for additional payment to the project owner seeking payment for extra work it performed as well as increased costs due to delays and disruptions during the...

Settling Suit without Prior Approval of Insurance Carrier Causes Insured to Forfeit Coverage Regardless of Whether the Carrier was Harmed

by Kent Holland | Dec 19, 2016 | Newsletter Article

The “no-voluntary payments” condition of an insurance policy was violated by an insured subcontracting concrete company, when it entered into a settlement with its prime contractor and paid damages for contractual liability for construction delays as well as for an...

Liquidated Damages Imposed on Contractor Even Where Contract was Terminated for Convenience and There was No Proof of Actual Damages

by Kent Holland | Sep 1, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a contractor was late in performance, a town terminated the contract for convenience and subsequently claimed liquidated damages (LDs) against the contractor. Both the trial court and appellate court concluded that the...
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