by Kent Holland | May 13, 2018 | Newsletter Article
Architect is subject to potential liability for failure of design to comply with fire code requirements regardless of whether the generally accepted standard of care was satisfied. This is because it agreed to contract language stating it would comply with the...
by Kent Holland | Jul 22, 2011 | Newsletter Article
J. Kent Holland A contractor’s express warranty takes precedence over a project owner’s implied warranty of plans and specifications. The contractor agreed to use materials provided by homeowner, as well as plans and specifications provided by homeowner, and gave an...
by Kent Holland | Jun 16, 2017 | Newsletter Article
By J. Kent Holland, Jr., Esq. Contractor installed pine wood decking renovating the front porch of a historical building. The project owner, who was also an architect, insisted on the use of pine despite the contractor’s “repeated recommendations to use a different...
by Kent Holland | May 6, 2014 | Newsletter Article
J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...
by Kent Holland | May 2, 2011 | Newsletter Article, pay when paid
Where a pay when paid clause in a construction subcontract unambiguously states that the subcontractor will only be paid for its work after the prime contractor has been paid by the project owner, the clause was ambiguous due to incorporation of the AIA form prime...
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