Clarifying the Confusing World of Indemnification, Hold Harmless, and Defense Clauses

by Kent Holland | Aug 11, 2014 | indemnification clause, Newsletter Article

By: Sarah E. Swank O B E R | K A L E R We often get the all too familiar question from our clients, “What is the hold up on that contract?” When the answer is the indemnification, defense, or hold harmless provision, the authors have found a lack of resources for...

No Duty To Defend under CPL Policy for Natural Gas Pipe Explosion

by Kent Holland | Aug 11, 2014 | duty to defend, Newsletter Article

By J. Kent Holland, Esq. and James N. Rhodes, Esq.ConstructionRisk Counsel, PLLC Published on IRMI.com A Wisconsin appeals court found that an insurer’s duty to defend under a contractors pollution liability (CPL) policy was not triggered by an explosion caused...

Differing Site Conditions: Trial Necessary to Determine if Federal Contractor Entitled to Relief

by Kent Holland | Jul 8, 2014 | differing site conditions, Newsletter Article

A contractor on a U.S. Army Corps of Engineers project filed a complaint with the U.S. Claims Court, claiming it was entitled to equitable adjustment to its contract for additional costs and time due to encountering differing site conditions while dredging the Miami...

A/E Subject to Liability for Code Compliance Pursuant to Contract Language Setting Obligation Exceeding Generally Accepted Standard of Care

by Kent Holland | Jul 8, 2014 | Newsletter Article, standard of care

Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied.  This is due to breach of contract language requiring absolute code compliance.  The...

Statute of Limitations on Obvious Defect Enforced to Dismiss A/E from Suit: Standard of Care May Exceed Code Requirements

by Kent Holland | Jun 11, 2014 | Newsletter Article, standard of care, time limits

By J. Kent Holland Jr., Esq. Trial court granted summary judgment to an architect, applying a four-year limitations period applicable to injury and wrongful death claims arising out of a “patent deficiency” in design or construction that is “apparent by reasonable...

The CGL and the Professional Liability Exclusion

by Kent Holland | May 6, 2014 | Newsletter Article, professional liability exclusion

Craig F. Stanovich Austin & Stanovich Risk Managers, LLC Article provided with permission of International Risk Management Institute, Inc.   In a case filed on March 13, 2014, the California Court of Appeal provided important commentary on the application of...