by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article
Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...
by Kent Holland | Jun 19, 2019 | Newsletter Article
A dispute arose among a second tier-subcontractor, a first tier-subcontractor and the prime contractor on a U.S. Naval Shipyard project in Maine. It was resolved through arbitration. The second-tier sub then filed litigation in court against Stantec Consulting...
by Kent Holland | Jun 19, 2019 | indemnification clause, Newsletter Article
A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...
by Kent Holland | Jun 19, 2019 | Newsletter Article
With news of increased flooding throughout the United States, what is a design professional’s standard of care when it comes to designing buildings that could foreseeably be damaged? My Briefing Paper of Summer 2018 suggested that even if designers comply with...
by Kent Holland | Jun 19, 2019 | Newsletter Article
An engineer that prepared a Request for Proposals (RFP) owed no duty to a bidder on a sewer authority project as a third-party who could foreseeably be injured or suffer economic loss due to engineer’s negligent performance of a contractual duty owed by the engineer...
by Kent Holland | Jun 18, 2019 | Newsletter Article
General contractor removed its roofing subcontractor’s equipment and materials from the job site based on alleged late performance, and it then terminated the roofer without following the contractually required notice requirements. Court held the GC interfered with...
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