by Kent Holland | Jan 28, 2020 | Newsletter Article
Design-Builder of a bridge sued its engineer subconsultant for costs allegedly attributed to errors in preliminary designs and cost/quantity estimates provided under the terms of a Teaming Agreement. Following a bench trial, the court rejected most of the...
by Kent Holland | Mar 26, 2019 | indemnification clause, Newsletter Article
A design-build contractor made changes to the size of steel supports for a bridge contrary to the design specifications and without approval of design engineer. It then built the bridge despite being advised of the non-conformities by its two subcontracted engineering...
by Kent Holland | Mar 1, 2019 | Newsletter Article
An owner developing a project under a design-build contract filed suit against a design professional that was a subcontractor to the owner’s design-build contractor. The suit was based on negligence and also breach of contract and named the engineering firm and two...
by Kent Holland | Mar 1, 2019 | Newsletter Article
A contractor was awarded a design-build contract to design and build a four-story parking deck. The contractor subcontracted the design to an architectural firm. The Owner-Builder agreement between the contractor and owner listed the name of the architectural firm as...
by Kent Holland | Feb 26, 2018 | Newsletter Article
On a design-build project involving MCAS Camp Pendleton, a subcontractor filed suit against Balfour Beatty Construction (“BBC”), the design-build contractor. This was under the Miller Act and alleged breach of contract and breach of implied warranty of specifications...
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