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Liquidated Damages Found to be Unenforceable Penalty; but Waiver of Differing Site Conditions Claim was Enforced

by Kent Holland | Jan 14, 2015 | differing site conditions, Newsletter Article

Contractor brought suit seeking additional compensation for costs resulting from differing site conditions and alleged inaccurate site plans.  The Owner counterclaimed for liquidated damages based on delayed completion, being a 397 day delay at $700/day. The court...

Wyoming Case Highlights Importance of Following Contractual Notice Provisions

by Kent Holland | Dec 17, 2014 | differing site conditions, Newsletter Article

By Charlie G. Baxley Bradley Arant Boult Cummings LLP. A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when...

Contractor’s Damages Reduced by Virginia Statutory Cap on Modifications for Public Contracts

by Kent Holland | Dec 17, 2014 | Newsletter Article

By James Rhodes, Esq. ConstructionRisk Counsel, PLLC A federal appeals court affirmed the limitation on a contractor’s compensation for change orders due to a Virginia public contracting statute that provides a cap on recovery.  The case was brought by a construction...

EIFS Repairs Covered without Insurer’s Consent

by Kent Holland | May 6, 2014 | Newsletter Article

 J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...

Additional Insured Does Not Lose Right to Coverage Based on Named Insured’s Failure to Provide Notice of Claim to Carrier

by Kent Holland | Apr 8, 2014 | Newsletter Article

Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...
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