by Kent Holland | Jul 13, 2023 | Newsletter Article
Trial court granted summary judgement against building owner for worker who fell through a skylight while doing work on a roof for an independent contractor. During trial, the plaintiff’s attorney violated an order granting a motion in limine prohibiting him from...
by Kent Holland | Jul 13, 2023 | Newsletter Article
General Contractor on a housing project hired two subcontractors, one of whom installed scaffolding for use on the project. An employee of one of the Subs fell from the scaffolding and sued the GC for his injuries. Trial judge, relying on what is known as the...
by Kent Holland | Jan 9, 2023 | Newsletter Article
A lien waiver form titled “Waiver of Lien to Date” was revised by the subcontractor in handwriting by striking out the words “to date” and writing in their place “Partial.” The contractor then paid the subcontractor $33,448 per the release but refused to pay an...
by Kent Holland | Jul 17, 2023 | Newsletter Article
Where agreement between a contractor and its client contained an agreement to insured but also a waiver of subrogation, the client and its insurance carrier had no right to file suit against the contractor to recover losses paid to third parties. Court also held that...
by Kent Holland | Oct 11, 2023 | Newsletter Article
Where an individual slipped and fell on steps defectively constructed by a contractor at a public library, her estate sued the contractor. Trial court granted summary judgment on the basis that it concluded the applicable Restatement (Second) of Torts, section 385,...
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