by Kent Holland | Apr 21, 2021 | Newsletter Article
A county retained an engineer to design a wastewater treatment plant, and under separate contract the county hired a construction contractor to build the plant. Part of the design called for two pumps. After construction, the pumps failed, and the concrete floor in...
by Kent Holland | Jan 26, 2021 | Newsletter Article
Where a general contractor failed to pay its subcontractor and used the pay-if-paid clause of the subcontract as the reason for not making payment, the Supreme Court of Nevada held that the contract provision was not per se void and unenforceable in light of the...
by Kent Holland | Jan 26, 2021 | Newsletter Article
An appellate court reversed the trial court judgment that held a Contractor was not entitled to costs associated with delays (including overhead) on a city building project. The city argued that the contractor was late in submitting its claim for damages and it also...
by Kent Holland | Jan 26, 2021 | Newsletter Article
A commercial general liability (CGL) carrier was entitled to summary judgment that it owed no duty to defend an engineering firm against a lawsuit alleging that the firm had intentionally defrauded the homeowners in a community concerning the quality of their drinking...
by Kent Holland | Dec 29, 2020 | Newsletter Article
A highway contractor controlling traffic on a road on which it is performing construction owes a duty of care to a motorist who was rear-ended when forced to stop behind a car that wasn’t able to turn left at an intersection where traffic was backed up and stopped due...
by Kent Holland | Dec 29, 2020 | Newsletter Article
A contract clause making the contractor solely responsible for any changes of whatsoever nature was not ambiguous when it came to the extra costs to change the influent pipe size and design to fit with an “or equal” equipment item submitted by the contractor in place...
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