by Kent Holland | Aug 18, 2015 | Newsletter Article, standard of care
Kent Holland ConstructionRisk, LLC In a decision that this author finds confusing, an appellate court in New York held that where there was expert testimony demonstrating that an A/E failed to meet the professional standard of care in designing sheer walls for the...
by Kent Holland | Jul 13, 2015 | Newsletter Article
By: Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC Where a contractor amended its complaint in an action against the United States to include a claim for remission of liquidated damages on the basis that it was entitled to a time extension, but the contractor did...
by Kent Holland | Jul 13, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where a design-build contractor under a federal government contract was terminated for default for failure to perform work consistent with the project schedule, it was default terminated. The contractor filed suit against the...
by Kent Holland | Jul 13, 2015 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Although parties are free to negotiate away a contractor’s right to recover for delay damages, the Supreme Court of Texas held that a “no-damages-for-delay” provision in a contract cannot shield a project owner from liability...
by Kent Holland | Jul 13, 2015 | Newsletter Article
By: Gail S. Kelley, P.E., J.D ConstructionRisk, LLC When a lawyer working as a risk manager brought a sex discrimination and Equal Pay Act claim against her former employer, the former employer filed a motion for a protective order, claiming that the woman was an...
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