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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...

Private Engineering Firm that Functioned as City Engineer Entitled to Official Immunity

by Kent Holland | Sep 1, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a city retained a private engineering firm to perform the services of “City Engineer,” including to “provide planning, design, and construction related services for public improvement projects.” Acting as city engineer,...

No Damage for Delay Clause Unenforceable Where Owner’s Intentional Misconduct Caused the Delay; And Lien Releases do not Release Claim Previously Submitted by Contractor

by Kent Holland | Jul 13, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...

No Damages for Delay Clause Held Unenforceable as Against Public Policy

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...

Connecticut Supreme Court Reaffirms State’s Immunity from Statutes of Limitation

by Kent Holland | Nov 27, 2012 | Newsletter Article

Timothy Fisher, Esq.; McCarter & English — In a decision followed closely by the construction industry, Connecticut’s Supreme Court has issued a unanimous decision confirming a long-standing rule that statutes of limitations do not run against the...
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