by Kent Holland | Feb 7, 2011 | Newsletter Article
Contracts between owners and contractors often state that the contractor must submit any claim to the architect for final determination. Most contracts state that this must be done as a condition precedent to further review by a dispute resolution board or a court....
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor...
by Kent Holland | Mar 16, 2012 | Newsletter Article
In a wrongful death lawsuit against a general contractor for the death of an individual whose car slid into a river from a highway on which the contractor had completed work seven months earlier, the plaintiff argued a premises defect theory of liability against the...
by Kent Holland | Jul 20, 2012 | Newsletter Article
Damages were awarded by a court to an architect despite the fact that the architect performed design services for a condominium project being developed by his friend, a lawyer, without having a signed contract, and despite the fact that some of the services were...
by Kent Holland | Oct 10, 2012 | Newsletter Article
Suit against a design professional by a motorist that was injured due to an out-of-control drunk driver in a January 2009 accident was dismissed because the design services of the professional had been performed more than eight years before the accident, and the eight...
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