by Kent Holland | Oct 27, 2015 | indemnification clause, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...
by Kent Holland | Sep 1, 2015 | Newsletter Article, standard of care
Gail S. Kelley, J.D., PE ConstructionRisk, LLC As of 2015, about a dozen states have passed so-called “Certificate of Merit” laws that establish a threshold requirement for filing professional negligence claims against design professionals. These laws, which evolved...
by Kent Holland | Sep 1, 2015 | indemnification clause, Newsletter Article
Kent Holland ConstructionRisk, LLC On a condominium project, where an indemnification clause on its face made a subcontractor responsible for indemnifying the prime contractor for damages caused “in whole or in part” by the subcontractor, it was held that the state’s...
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 | Mar 23, 2015 | construction contract tips, Newsletter Article
In a dispute involving whether a subcontractor satisfied the contract plans and specifications when it installed escalators for an airport expansion project, the appeals court held that because the subcontractor (Otis Elevator) was aware of an ambiguity concerning the...
by Kent Holland | Jan 14, 2015 | duty to defend, Newsletter Article, professional liability exclusion
By James Rhodes, Esq. ConstructionRisk Counsel, PLLC Introduction A federal appeals court, applying Louisiana law, held that an insurer did not owe a duty to defend its insured, an architect, in a suit by the architect’s former client. The court explained that...
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