by Kent Holland | Jan 14, 2015 | differing site conditions, Newsletter Article
Contractor brought suit seeking additional compensation for costs resulting from differing site conditions and alleged inaccurate site plans. The Owner counterclaimed for liquidated damages based on delayed completion, being a 397 day delay at $700/day. The court...
by Kent Holland | Mar 29, 2013 | Newsletter Article
Under Louisiana law, a federal district court held that the general contractor, on a public contract to build a warehouse, could sue the owner’s project engineer for negligence based on allegations that the contractor’s ability to perform its obligations to the Owner...
by Kent Holland | Nov 5, 2015 | Design and Construction Contracts
J. Kent Holland, J.D. ConstructionRisk, LLC Introduction This newsletter reviews a number of court decisions from around the United States that applied the pollution exclusion in contractor’s commercial general liability (CGL) policies to deny coverage for damages...
by Kent Holland | Jul 22, 2011 | Newsletter Article
On a project where an employee of a construction contractor suffered any eye injury when concrete exploded out of a flexible tube he was trying to unclog, the construction manager was not liable for his injuries since the construction manger was under contract with...
by Kent Holland | Jan 3, 2012 | Newsletter Article
Where a property insurance “open peril” policy for a condominium association contained a pollution exclusion, there was no coverage afforded for damages arising out of a contractor’s work of an asbestos remediation contractor. The association hired the contractor to...
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