Indemnification Clause Unenforceable Where it did not Clearly Require Indemnification for the Indemnitee’s Own Negligence

by Kent Holland | Aug 21, 2018 | Newsletter Article

An indemnification clause in a contract between a table rental company and restaurant was held to be unenforceable where the Indemnitee sought to be indemnified for its own negligence. The indemnity claim arose out of a suit by patron at a restaurant who was injured...

Parol Evidence not Permitted to Alter Integrated Contract – Quantum Meruit Claim Fails

by Kent Holland | Aug 21, 2018 | Newsletter Article

A subcontractor sued the prime contractor for breach of contract, and in the alternative for quantum meruit recovery, seeking compensation in excess of the amount set forth in the subcontract – arguing that an interim agreement between the Teaming Agreement and the...

Indemnification Duty not Incorporated by Reference to Prime Contract

by Kent Holland | Aug 21, 2018 | Newsletter Article

Subcontract excavator owed a duty to indemnify and defend the prime contractor installing underground utility lines for a telecommunications company.   Two important holdings were (1) a state statute applicable to certain construction contracts, which prohibits...

Contractor may Sue Design Firms for Defective Plans & Specs on which They Relied

by Kent Holland | Aug 21, 2018 | Newsletter Article

This was a negligence cause of action in which the contractor argued that the designer breached duties owed to the contractor by providing deficient plans to the project owner upon which the contractor relied. The designers moved to dismiss, arguing they had no...

Single Employer Site Safety Liability: GC Found Responsible for Acts of its Subcontractor

by Kent Holland | Jun 25, 2018 | Newsletter Article

OSHA fined a general contractor (GC) for violations committed by its subcontractor related to an accident at a construction worksite where two roofers fell over twenty feet and sustained serious injuries when a spruce board used for scaffolding snapped in half. OSHA...

Lien Waiver and Release Forfeited Prime’s Right to Assert Subcontractor Pass-Through Claim

by Kent Holland | Jun 25, 2018 | Newsletter Article

A prime contractor on a federal government contract was held to have waived pass-through claims of its subcontractor by virtue of having signed a series of lien waivers and releases. To receive payment under the subcontract, the Sub was required to sign these periodic...