by Kent Holland | Dec 30, 2024 | Newsletter Article
A subcontract had a “no-damages-for-delay” clause barring the subcontractor from suing the prime contractor for delays. The clause also provided a protocol for splitting any delay-related settlements between the project owner and the Prime. The Prime submitted a...
by Kent Holland | Mar 14, 2023 | Newsletter Article
Gail S. Kelley, P.E., J.D. Termination of a contract for default can have significant consequences for a Contractor. In addition to the loss of work and loss of potential profit on the project, the Contractor may be liable for the Owner’s costs to complete the...
by Kent Holland | Nov 8, 2021 | Newsletter Article
Where a city default terminated its construction contractor that was building the nation’s first arterial roadway with pervious concrete, the contractor filed suit against the city challenging the default, and asking the court to turn it into a convenience...
by Kent Holland | Apr 27, 2021 | Newsletter Article
GC barred from recovering from the surety for damages allegedly incurred due to faulty work of subcontractor because it failed to meet the conditions precedent to the performance bond responsibility. The surety bond expressly provided that obligations of the surety...
by Kent Holland | Mar 1, 2019 | indemnification clause, Newsletter Article
An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...
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