by Kent Holland | Oct 25, 2022 | Newsletter Article
A jury found Weitz Company liable to a subcontractor for $1,729,122 in compensatory damages for breach of contract. It also awarded punitive damages of $3,900,000 for intentional misrepresentation and $1,103,549 for attorneys fees. On appeal, the court affirmed the...
by Kent Holland | Jan 19, 2022 | Newsletter Article
A contract between an Engineer subconsultant and an Architect contained a limitation of liability clause stating that liability was limited to twice the amount of Engineer’s fee. When Architect sued Engineer for damages the project owner was awarded in arbitration,...
by Kent Holland | Feb 7, 2018 | limitation of liability clause, Newsletter Article
A design professional was granted summary judgment enforcing a $50,000 limitation of liability (LoL) clause and waiver of consequential damages clause in its contract with its client, the design-builder. Although this amount was only eight (8) percent of the...
by Kent Holland | Jan 13, 2016 | economic loss doctrine, Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...
by Kent Holland | Feb 18, 2013 | Newsletter Article
Where a subcontract contained an “incorporation by reference” clause, expressly incorporating the terms of the prime contract between the general contractor and project owner, the “waiver of consequential damages” clause of the prime contract flowed down to the...
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