by Kent Holland | Feb 7, 2011 | Newsletter Article, standard of care
An employee of a project owner sued the engineer and contractor for injuries he sustained when he fell through a partially open hatch door on the mezzanine level of a catwalk in his employer’s production area. He claimed that the engineer (CRS Sirrine) was...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
A homeowner (Northridge) retained an architectural firm (JWFA) to provide design and contract administration services for the renovation of a residential townhouse complex. Leaks were found in the roofs shortly after construction was completed. It was not until...
by Kent Holland | Feb 7, 2011 | construction contract tips, Newsletter Article
I am sometimes asked during my risk management seminars if a party to a contract can safely sign an onerous contract with harsh indemnification clauses or other clauses that create excessive liability for an “innocent” party and then avoid the consequences...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
To better manage and price the risks associated with design services, A/E’s often include language in their contracts with their clients establishing a specific limitation on how long a client can wait before filing suit against the A/E for damages arising out of the...
by Kent Holland | Feb 7, 2011 | indemnification clause, Newsletter Article
As a general rule, attorneys fees that one party expends in litigation cannot be recovered from another party in the absence of an express contractual provision requiring it. But is there a different result when a defendant in a case is required to pay damages to a...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
Where a limitations of liability (LoL) clause was located in an Agreement, the clause was held not to bar recover for damages incurred by a contractor due to work being suspended pursuant to a suspension of work clause that was located in the addendum to the contract....
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