by Kent Holland | May 24, 2023 | Newsletter Article
Where subcontractor executed a contract containing a pay-if-paid provision, the contractor subsequently used that clause as a basis to refuse paying for work performed by that sub because the project owner refused to pay the Prime for that same work. Â In New Jersey no...
by Kent Holland | Jul 17, 2023 | Newsletter Article
When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects. The Contractor then filed third-party claims against the client’s architect and against the geotechnical...
by Kent Holland | Mar 14, 2023 | Newsletter Article
Foundation subcontractor sought extra payment for alleged differing site conditions related to rock found in the excavation area. The geotechnical report provided by the contractor showed several boring holes with this type of hard rock. But an email from the...
by Kent Holland | Sep 19, 2024 | Current Issue:, Newsletter Article
Construction contractor entitled so summary judgment where project owner failed to present adequate expert witness testimony to demonstrate the applicable standard of care and that contractor negligence caused damages. Owner argued that Contractor can be held liable...
by Kent Holland | Mar 16, 2006 | Archive Newsletter
Inside This Issue: Insurers Bear Environmental Damages and Defense Costs on Pro-rata basis Under Consecutive CGL Policies Contractor’s Express Warranty Takes Precedence Over Owner’s Implied Warranty of Specs Washington State DOT’s application of Affirmative...
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