by Kent Holland | Mar 14, 2023 | Newsletter Article
Gail S. Kelley, P.E., J.D. Termination of a contract for default can have significant consequences for a Contractor.  In addition to the loss of work and loss of potential profit on the project, the Contractor may be liable for the Owner’s costs to complete the...
by Kent Holland | Jan 9, 2023 | Newsletter Article
The covenant of good faith and fair dealing “prohibits arbitrary or unfair acts by one party that work to the disadvantage of the other”. In this appeal, the court held that the district court properly applied the covenant of good faith and fair dealing when it...
by Kent Holland | Jan 9, 2023 | Newsletter Article
Where a contractor’s laborer died from poisonous gas exposure when he went into a manhole, his family filed suit against an Engineering firm alleging that the firm was negligent is causing the individuals death. They failed to include a certificate of merit with...
by Kent Holland | Jan 9, 2023 | Newsletter Article
A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order. The court held that the language of the subcontract...
by Kent Holland | Feb 14, 2023 | Newsletter Article
A concrete sub-subcontractor breached its contract by refusing for perform extra work as directed by its contractor unless the contractor agreed upon the compensation amount to be paid and executed a change order. The court held that the language of the subcontract...
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