by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland, Jr. The question of who will own a design professional’s instruments of service is one issue of great concern when I review professional services contracts that design professionals are being pressed to sign by project owners. Standard form...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By J. Kent Holland, Jr. The Texas Supreme Court in the recent decision of Lamar Homes v. Mid-Continent Casualty Company, 2007 WL 2459193 (Tex.), concluded that allegations of unintended construction defects, whether caused by the insured prime contractor or its...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. Where a construction manager, Tishman, only exercised general supervisory powers and did not control the means and methods by which a subcontractor performed its concrete work, the construction manager had no liability for injuries sustained...
by Kent Holland | Jul 22, 2011 | limitation of liability clause, Newsletter Article
By: J. Kent Holland, Jr. Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: Katz & Stone law firm In order to maintain a suit for breach of contract based upon a change order, contractors must ensure that their change orders satisfy the requisite contractual requirements. And depending upon the jurisdiction, contractors must also...
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