by Kent Holland | Dec 7, 2015 | Newsletter Article
Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC After discovering various defects in their home, the homeowners filed suit against their builder. The builder’s insurance company declined to defend the action (“the underlying action”) on behalf of builder, alleging...
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...
by Kent Holland | Dec 7, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC The sole shareholder/director/officer of an incorporated architectural firm was held jointly and personally liable to pay a judgment awarded against the corporation. The corporation was found to have been operated as the alter...
by Kent Holland | Nov 5, 2015 | Design and Construction Contracts
J. Kent Holland, J.D. ConstructionRisk, LLC Introduction This newsletter reviews a number of court decisions from around the United States that applied the pollution exclusion in contractor’s commercial general liability (CGL) policies to deny coverage for damages...
by Kent Holland | Oct 27, 2015 | Newsletter Article, standard of care
By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000 was not a breach of its contract. However, the firm’s...
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