Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim

by Kent Holland | Mar 30, 2017 | Newsletter Article

By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...

Project Owner May Lose Right to Use A/E’s Copyrighted Documents Due to Failure to Pay Invoices

by Kent Holland | Feb 20, 2017 | Newsletter Article

The question of what rights a project owner gets to the copyrighted plans and specifications prepared by its design professionals is one of critical importance that needs to be clearly addressed by contract. In Eberhard Architect’s v. Bogart Architecture, Inc....

Insurance Carrier Not Liable to Homeowner for Injuries and Damages Allegedly Caused by Defective Repairs Performed by a Contractor Recommended by Carrier

by Kent Holland | Feb 20, 2017 | Newsletter Article

When a house sustained hail damage to its roof, the homeowner reported a claim under their homeowner’s policy, and their insurer agreed to pay for the repairs and referred the homeowner to a contractor from the insurance company’s approved list of contractors. Repair...

Contractor’s Tortious Interference Judgment against County Engineer Reversed because Engineer Acted Within Scope of Contract

by Kent Holland | Feb 20, 2017 | Newsletter Article

A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...

“No-Damages-for-Delay” Clause Enforced Even If Project Ineptly Planned and Managed

by Kent Holland | Feb 20, 2017 | Newsletter Article

Subcontractor filed a complaint for delay damages allegedly caused by the project owner and construction manager’s inept administration and poor administration. Defendants’ motion for summary judgment was granted, and this was affirmed on appeal, on the basis that the...

Notice of Claim Requirement Flows Down from Prime Agreement and is Strictly Applied to Disallow Subcontractor Claim

by Kent Holland | Feb 20, 2017 | Newsletter Article

Where an elevator subcontractor filed a breach of contract claim against the general contractor for damages resulting from delay to the performance of the work, the general contractor moved for summary judgment on the basis that the subcontractor failed to comply with...