by Kent Holland | Dec 31, 2010 | Newsletter Article
The economic loss doctrine was enforced by the Supreme Court of Wyoming to bar a general contractor’s (GC) complaint against a project engineer with whom it lacked privity of contract. The GC had a contract was with a town to construct water and wastewater lines. The...
by Kent Holland | Jul 22, 2011 | Newsletter Article
In a coverage dispute suit by a building owner against its property general liability insurance carrier, the question to be resolved by the court was whether the owner was entitled to recover for a potential collapse of part of its building. The court rejected the...
by Kent Holland | Feb 20, 2017 | Newsletter Article
When a house sustained hail damage to its roof, the homeowner reported a claim under their homeowner’s policy, and their insurer agreed to pay for the repairs and referred the homeowner to a contractor from the insurance company’s approved list of contractors. Repair...
by Kent Holland | Aug 2, 2019 | indemnification clause, Newsletter Article
Pursuant to the indemnification clause of a subcontract, the subcontractor owed its prime contractor a duty to defend against a third party negligence claim. The duty arose when the claim was made. Citing the important case precedent of Crawford v. Weather Shield, the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
by Michael C. Loulakis Record Steel and Construction v. United States , 62 Fed. Cl. 508 (2004), provides an excellent example of the evolution of design-build caselaw. The dispute in this case involved whether a design-build contract required foundations to be...
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