by Kent Holland | Sep 19, 2019 | Newsletter Article
A prime contractor failed to timely submit subcontractor change orders to the project owner, thereby depriving subcontractor of compensation for additional work. This constituted a bad faith breach of the prime contractor’s duty to the subcontractor. This entitled the...
by Kent Holland | Feb 20, 2017 | Newsletter Article
A road contractor’s claim for entitlement to compensation for installing double the amount of fill material than was estimated in the bidding documents by the county engineer was untimely filed after the contract was completed, and when the engineer recommended that...
by Kent Holland | Oct 27, 2015 | Newsletter Article
By Kent Holland, J.D. ConstructionRisk, LLC A vendor/installer of artificial turf (FieldTurf) for athletic fields sued the architect of record that prepared bid specifications for a university that could not be met by that vendor but allegedly could be met only by a...
by Kent Holland | Feb 9, 2011 | limitation of liability clause, Newsletter Article
A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor. It was held to apply, however, only to the damages that would be awarded under the...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy...
Connect