What Constitutes a Claim Triggering Indemnification Duty?

by Kent Holland | Nov 18, 2014 | indemnification clause, Newsletter Article

Kent Holland, Esq. ConstructionRisk Counsel, PLLC After a contractor settled a construction defect claim with the project owner, it sought indemnity from its subcontractor for the costs incurred in rectifying the construction.  The subcontractor successfully argued in...

Contractor Claim Against Second Tier Sub Barred by Lack of Contract Privity

by Kent Holland | Nov 18, 2014 | Newsletter Article

James Rhodes, Esq. ConstructionRisk Counsel, PLLC A federal district court, applying Nebraska law, dismissed several causes of action by a prime contractor against its second-tier subcontractors due to the lack of a contractual relationship between them (in legal...

Alabama Joins Recent Trend Of States Finding Defective Work May Be Covered Under A Commercial General Liability Policy

by Kent Holland | Nov 18, 2014 | Newsletter Article

By: Heather Howell Wright, Esq. Bradley Arant Boult Cummings The Supreme Court of Alabama recently held in Owners Ins. Co. v. Jim Carr Homebuilder, LLC that a contractor’s commercial general liability (“CGL”) policy provided coverage for property damage caused by the...

Economic Loss Doctrine Applied in Texas to Limit Tort Claims by Contractors against the Owner’s Design Professionals: Excellent Explanation of the Doctrine

by Kent Holland | Nov 18, 2014 | Newsletter Article

By:  Scott W. Cowan, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes and Christopher H. Domingo – Jones Day law firm In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by...

Up in the Air: The Emerging Risk of Drones in the Construction Industry

by Kent Holland | Aug 11, 2014 | Newsletter Article

By John Babel XL Group What is a Drone? Unmanned aerial vehicles (UAV or “UAVs”) are changing the way construction companies do business. For the purposes of this article I will use the term UAV, as it has the broadest connotation. Contractors are increasingly using...

Arbitration Decision in Condo Claims Against Contractor Constituted Collateral Estoppel, Barring Subsequent Litigation by Condo against Architect

by Kent Holland | Aug 11, 2014 | Newsletter Article

By J. Kent Holland Jr., Esq. ConstructionRisk Counsel, PLLC Where a condominium association filed suit against the Architect that designed certain repairs for balconies, summary judgment was properly granted to the architect on the basis that previous arbitration by...