Indemnification Obligation is Premature if Negligence is not Demonstrated

by Kent Holland | Dec 30, 2024 | Current Issue:, Newsletter Article

Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...

No Damage for Delay Clause Enforced

by Kent Holland | Dec 30, 2024 | Current Issue:, Newsletter Article

A subcontract had a “no-damages-for-delay” clause barring the subcontractor from suing the prime contractor for delays.  The clause also provided a protocol for splitting any delay-related settlements between the project owner and the Prime.  The Prime submitted a...

Summary Judgment where Insufficient Expert Testimony to Prove Negligence

by Kent Holland | Sep 19, 2024 | Newsletter Article

Construction contractor entitled so summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages.  Owner argued that Contractor can be held liable...

Indemnification: Contractor’s Employee not an “Agent” entitled to Indemnification

by Kent Holland | Sep 19, 2024 | Newsletter Article

In an indemnification clause between a contractor and project owner, the words “agents and representatives” did not require the contractor to indemnify a particular employee of consulting firm as an “agent” of the Owner. The project agreements did not contain any...

Shifting Liability from Contractor to Owner: Texas Finally Joins the Rest of the Nation on Defective Plans & Specs

by Kent Holland | Sep 19, 2024 | Newsletter Article

By Stanley Santire, Santire Law Firm, PLLC A unique feature of Texas construction law has been how the State allocates risk for defective plans and specs. This will change dramatically on September 1, 2021. Unlike all but one State, for over a century Texas common law...

Demand for an Indemnitor to Defend and Indemnify is not Premature Where Underlying Dispute Has not been decided

by Kent Holland | Jul 25, 2024 | Newsletter Article

A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of...