by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. When EPA issued an administrative order to the operator of a rock quarry, and subsequently filed a lawsuit, alleging that the operator had, without a permit, discharged fill material consisting of dirt and rocks into a creek, the quarry...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. The pollution exclusion of a commercial general liability (CGL) policy was enforced to exclude coverage for injuries allegedly caused from carbon monoxide that was emitted from a propane-powered grinder that was being used to grind terrazzo...
by Kent Holland | Jul 22, 2011 | Newsletter Article
Indemnification: Addressing the Contract Language Details By: J. Kent Holland, Jr. Indemnification clauses in contracts are described by some courts as being Type I, Type II or Type III. Others categorize the clauses as “Broad Form,” “Intermediate Form” and “Narrow...
by Kent Holland | Jul 22, 2011 | Newsletter Article
By: J. Kent Holland, Jr. In an insurance coverage case arising out of a lawsuit by a condominium association against a number of contractors for faulty work, a New Jersey appellate court held that the contractors’ commercial general liability (CGL) policies did not...
by Kent Holland | Jul 22, 2011 | Newsletter Article
Kenneth R. Baker, P.E. Trauner Consulting Services, Inc. San Diego, CA Introduction An overview of the concepts of delay analysis and a brief discussion of delay analysis methodology is presented in this paper. The technical side of delay analysis is detail-intensive...
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