by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article
An indemnity clause in an architect’s contract with its client (building developer) was found void for violating anti-indemnity statute applicable to “contractors” performing work on “any contract relating to construction” because it required indemnity “for any and...
by Kent Holland | Feb 20, 2017 | Newsletter Article
The question of what rights a project owner gets to the copyrighted plans and specifications prepared by its design professionals is one of critical importance that needs to be clearly addressed by contract. In Eberhard Architect’s v. Bogart Architecture, Inc....
by Kent Holland | Feb 10, 2016 | Newsletter Article
J. Kent Holland, J.D. ConstructionRisk, LLC Where two architects competed for the design of a condominium building, the unsuccessful prospect sued the chosen architect for copyright infringement of its design, claiming the architect had copied the design and had...
by Kent Holland | Oct 27, 2015 | Newsletter Article
By Gail S. Kelley ConstructionRisk, LLC Where in a case of alleged copyright infringement, the Defendant asked the Court to determine that it had an implied license to use drawings that the Plaintiff created for it before Defendant terminated its contract with...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When an architect’s drawings were used to complete a project by a different architect when the original project developer transferred the project to a new developer, the original architect successfully sued the new developer for the unauthorized use of his design...
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