Communication with a Lawyer is not Automatically Protected from Discovery by Attorney-Client Privilege

by Kent Holland | Jul 13, 2015 | Newsletter Article

By: Gail S. Kelley, P.E., J.D ConstructionRisk, LLC When a lawyer working as a risk manager brought a sex discrimination and Equal Pay Act claim against her former employer, the former employer filed a motion for a protective order, claiming that the woman was an...

Civilian BCA Accepts Jurisdiction over Contract Interpretation Issue and Grants Declaratory Relief Entitling Contractor to Suspend

by Kent Holland | Mar 23, 2015 | Newsletter Article

By Gail S. Kelley, P.E., JD ConstructionRisk, LLC The U.S. Civilian Board of Contract Appeals concluded that declaratory relief in situations involving a “fundamental question of contract interpretation or a special need for early resolution of a legal issue” is...

Implied Warranty of Habitability Extends only to Original Purchaser of Home, says Pennsylvania Supreme Court

by Kent Holland | Mar 23, 2015 | Newsletter Article

Where the second purchasers of a home sued the builder asserting a breach of implied warranty of habitability, a 2012 Pennsylvania Superior Court decision held that despite the lack of privity of contract between the parties, public policy dictated that the subsequent...

Contractor’s Duty to Seek Clarification of Ambiguity in Specifications; Architect’s Decision on Dispute is Final

by Kent Holland | Mar 23, 2015 | construction contract tips, Newsletter Article

In a dispute involving whether a subcontractor satisfied the contract plans and specifications when it installed escalators for an airport expansion project, the appeals court held that because the subcontractor (Otis Elevator) was aware of an ambiguity concerning the...

“Pollution Exclusion” in CGL Policy Enforced to Bar Recovery for Injuries from Contractor’s use of a Concrete Sealant

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: J. Kent Holland, Jr., Esq., ConstructionRisk Counsel, PLLC A federal appeals court vacated a district court ruling and found that the pollution exclusion in a commercial general liability (CGL) policy precluded a contractor from seeking defense and indemnification...

No Damages for Delay Clause Held Unenforceable as Against Public Policy

by Kent Holland | Feb 23, 2015 | Newsletter Article

By: Stanley P. Santire, Esq. Santire Law Firm, Houston, Texas (http://www.santirelaw.com) A “No Damages for Delay” contract provision was found unenforceable, based on the application of public policy principles that had previously only been applied in cases of tort...