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Indemnification Action Only Accrues for Statute of Limitation Purposes on Date Indemnitee Pays Judgment or Settlement

by Kent Holland | Dec 7, 2015 | Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where a subcontractor failed to honor its contractual indemnification obligations to defend and indemnify a swimming pool installation general contractor against claims arising out of the subcontractor’s work, the general...

What Constitutes a Claim Triggering Indemnification Duty?

by Kent Holland | Nov 18, 2014 | indemnification clause, Newsletter Article

Kent Holland, Esq. ConstructionRisk Counsel, PLLC After a contractor settled a construction defect claim with the project owner, it sought indemnity from its subcontractor for the costs incurred in rectifying the construction.  The subcontractor successfully argued in...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...

Contractually Imposed Time Limit for Filing Suit is Enforced to Dismiss Claim Against Home Builder

by Kent Holland | May 6, 2014 | Newsletter Article

Kent Holland, Esq. and James Rhodes, Esq. A federal court in Maryland granted the dismissal of several counts against the builder of a residential home in Maryland due to a contractually agreed upon shortening of the time otherwise available to file suit .  The...

Accrual Date for Statute of Limitations Period Set by A/E Contract and Statute Applies to Owner’s Fraudulent Misrepresentation Claim against Architect

by Kent Holland | Mar 4, 2014 | Newsletter Article, time limits

School District filed suit against its architect for fraudulent misrepresentation following subsidence of a coal mine beneath a school building.  The factual dispute was whether the architect had provided sufficient notice to the school concerning the site conditions...
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