by Kent Holland | Jul 22, 2011 | Newsletter Article
By J. Kent Holland The manner in which Washington State ’s DOT applied the Transportation Equity Act of the 21st Century (TEA-21) was held to violate the constitutional guarantee of equal protection. The state failed to proffer evidence of discrimination within its...
by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland A contractor’s express warranty takes precedence over a project owner’s implied warranty of plans and specifications. The contractor agreed to use materials provided by homeowner, as well as plans and specifications provided by homeowner, and gave an...
by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland Owners of sixty stucco homes brought claims against the builder, Wooddale Builders Inc., alleging that defective construction or faulty workmanship resulted in water-infiltration and mold-growth. The claims were first filed beginning in 2000. The...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland A contractor unsuccessfully argued that evidence gathered during surprise OSHA inspection should be suppressed and barred from the case because the OSHA inspector did not have a warrant. The excavation site was a public street, not private...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland Where masonry walls collapsed during construction due to premature removal of supportive braces, a commercial general liability policy provided no coverage for the loss because such loss was excluded under the defective work exclusion of the...
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