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Contractor Forfeited Right to Indemnity from Insurance Carrier

by Kent Holland | Apr 14, 2025 | Newsletter Article

Where Insured contractor settled a claim against it by its owner client, the insurance carrier declined to cover the settlement as “damages”.  In a lawsuit against the carrier by the contractor, a court found the carrier had no duty to indemnify the contractor for the...

A Condominium HOA Suit against Designer and Contractor Dismissed for Lack of Adequate Expert Testimony on Damages

by Kent Holland | Feb 1, 2016 | Newsletter Article

J. Kent Holland, J.D. ConstructionRisk, LLC A condominium homeowner association suit was dismissed on summary judgment, which was subsequently affirmed on appeal, because the experts failed to present detailed evidence and explanation of the various elements of the...

Damages Not Recoverable Where Homeowner Failed to Prove the Reasonableness of Remedial Damages Incurred or the Difference-In-Value Damages

by Kent Holland | Dec 28, 2012 | Newsletter Article

Although construction defects caused water leaks that resulted in mold growth that required major remediation of a newly constructed house, the homeowner was denied damages by a court because it failed to prove that the remediation costs it paid were reasonable, and...

A/E Would be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn’t Failed to Prove Damages

by Kent Holland | Feb 7, 2011 | Newsletter Article

An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work.  Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...

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