Engineer Required to Indemnify Client for Costs of First Party Claim, Including Attorneys Fees to Extent Attributable to Engineer

by Kent Holland | Jan 12, 2012 | indemnification clause, Newsletter Article

Pursuant to a contractual indemnification clause, a trial court awarded damages of $810,000 in attorneys fees against an engineer in favor of a project owner, Wal-Mart Stores, Inc., on a jury verdict of $48,600 in actual property damages.  Wal-Mart’s first party claim...

Contractor Permitted to Sue Architect for Implied Warranty of Specifications

by Kent Holland | Jan 4, 2012 | Newsletter Article, standard of care

A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied...

Assignee of Contract Indemnification Rights under a Design-Build Contract Stands in Shoes of Indemnitee and is Entitled to Recover Defense Costs

by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article

Where  a firm (Parsons Infrastructure) entered into a contract to design and construct a soda ash processing plant for Kerr-McGee Chemical Corp (KM) and agreed to provide KM with a defense and indemnity against losses arising out of negligent performance of its work, ...

Design-Builder Entitled to Contractual Indemnity from Subcontractor for Damages to Turbines

by Kent Holland | Jan 3, 2012 | indemnification clause, Newsletter Article

Black & Veatch (“B & V”) contracted with Portland General Electric (“PGE”) to engineer, procure and construct a power generating facility called the Port Westward Power Plant, and it subcontracted to a specialty subcontractor to install the combustion turbine...

Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims

In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...

Architect Not Entitled to Summary Judgment on Indemnification Obligation Owed to Project Owner

by Kent Holland | Dec 15, 2011 | indemnification clause, Newsletter Article

In a wrongful death action brought by the estate of an electrician against a project owner and its architect, the owner made a cross claim for indemnification and contribution against the Architect.  That claim was dismissed pursuant to a motion for summary judgment,...