Limitation of Liability Clause Enforced – $70K Limit on $4.2 Million Claim

by Kent Holland | Oct 28, 2013 | limitation of liability clause, Newsletter Article

An architect’s contract containing a limitation of liability clause (LoL) was enforced to grant a partial summary judgment limiting the architect’s liability to $70,000 in the face of a $4.2 million claim for damages due to structural problems that required a nearly...

Indemnification Clause Required Engineer to Indemnify Owner for Losses it Incurred

by Kent Holland | Jun 27, 2013 | indemnification clause, Newsletter Article

Does a typical indemnification clause that requires a party such as a contractor or design professional to indemnify its client for damages the client sustains due to the actions of Indemnitor apply only to damages resulting from third party claims against the client,...

CGL Insurance Carrier in Connecticut Owed Duty to Defend Contractor – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

Under Connecticut law it was held that a CGL carrier had a duty to defend its named insured, swimming pool construction prime contractor, against suits by homeowners alleging cracking in their new pools due to defective workmanship by concrete supply subcontractors....

CGL Insurance Carrier in Tennessee Owed Duty to Defend – Based on Subcontract Work Exception to “Your Work” Exclusion

by Kent Holland | Jun 27, 2013 | duty to defend, Newsletter Article

A CGL insurance carrier owed a duty to defend its insured against a homeowner suit that alleged defective work, despite lack of clarity in the complaint that the work was performed by a subcontractor, and despite any indication in the complaint that the work caused...

Design Professional Owes Duty to Third Party Condominium Unit Purchasers

by Kent Holland | May 16, 2013 | Newsletter Article, third party claims

A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise.  The court relied on both the...

Subcontractor Owed Prime No Indemnity Obligation and Additional Insured Status Availed Nothing

by Kent Holland | May 16, 2013 | indemnification clause, Newsletter Article

Although a subcontractor damaged a sewer pipeline during the course of construction, it owed no indemnification duty to the prime contractor for expenses the prime incurred in repairing the pipe. The key reason given by the court was that a jury found that the sub was...