by Kent Holland | Jan 22, 2019 | Newsletter Article
Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...
by Kent Holland | Dec 31, 2010 | Newsletter Article, standard of care
A Court of Appeals in Texas ruled that expert testimony is required to establish the standard of care of a construction management firm since a lay person would not have sufficient knowledge of the duties of a construction management firm. Judgment was entered for the...
by Kent Holland | Jul 18, 2011 | Newsletter Article
Oral authorization for engineer to perform additional design services on a municipal golf course was not binding on city because the contract mandated that written change orders be executed to authorize such services. On the engineer’s breach of contract action...
by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits
Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Contractor sued a construction manager (CM) for breach of contract and negligence, claiming that the CM had negligently supplied information, and that it relied on those misrepresentations and incurred damages as a result. Contractor also claimed that the CM was...
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