by Kent Holland | Jan 30, 2011 | limitation of liability clause, Newsletter Article
A $50,000 Limitation of Liability clause in a contract was enforced by the Georgia Court of Appeals in a case where a developer sued an architect for breach of contract and negligence when a retaining wall designed by the architect failed. The architect’s motion for...
by Kent Holland | Jan 30, 2011 | Newsletter Article
Where a subcontractor, without knowledge or permission of the prime contractor, purchased and installed shingles on the roof of a new garage that were a different color and an inferior grade than specified by the contract, the homeowner sued the prime contractor for...
by Kent Holland | Jan 30, 2011 | Newsletter Article
Where a lien waiver provision incorporated by reference into a subcontract applies to prohibit all liens regardless of whether the subcontractor received any payment, the court concluded that such a provision violates public policy. Enforceability of a lien waiver...
by Kent Holland | Jan 30, 2011 | Newsletter Article
Plan Drafter Penalized for Practicing Architecture without a License An individual that drafted plans and specifications for a strip shopping center was fined by a stated board of architect examiners for practicing architecture without a license. The individual...
by Kent Holland | Feb 9, 2011 | indemnification clause, Newsletter Article
By: Dion N. Cominos, Esq. Under an Assembly Bill recently signed into law by California Governor Arnold Schwarzenegger, “Type I” subcontractor indemnity agreements in favor of builders entered into after January 1, 2006 will no longer be enforceable in the context of...
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