by Kent Holland | Mar 5, 2013 | Newsletter Article
After having a house built by a Homebuilder, the purchasers sold it to another family three years later, and the new owners discovered water infiltration around their windows two years after that and filed suit against the Builder asserting breach of implied warranty...
by Kent Holland | Sep 19, 2019 | Newsletter Article
The U.S. Army Corps of Engineers (USACE) incorrectly interpreted and applied contract specifications to require a contractor to do high grade drywall finishing in the plenum above walls and in the plenum below floors – areas that would never be seen by the public. A...
by Kent Holland | Jan 11, 2011 | Newsletter Article
George DuBose, Liberty Building Forensics Group The inevitable is about to happen and most people don’t even know it is coming — green buildings are going to become, by codification, the law of the land. For some firms, this will just mean business as...
by Kent Holland | Nov 15, 2017 | indemnification clause, Newsletter Article
An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...
by Kent Holland | Feb 7, 2011 | Newsletter Article
Disputes over who has ownership and rights to use or reuse the architect’s plans are becoming more common. The AIA contract documents contain language granting the architect ownership and control of the documents. It seems, however, that more owners are amending that...
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