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Electronic Discovery Issues – An Emerging Challenge

by Kent Holland | Feb 9, 2011 | Newsletter Article

It is becoming increasingly commonplace for businesses to conduct complex transactions electronically. Electronically produced documents, such as e-mail, provide companies with a fast and efficient means of communicating and discussing problems. Entire transactions...

Don’t Let Your E-Records Turn into Smoking Guns

by Kent Holland | Feb 9, 2011 | Newsletter Article

Companies have good reasons to preserve e-mail and other electronic records for a specific period. And also good reasons to destroy records at the end of that period. But preservation entails more than simply storing information on computers, disks and tapes—and...

Architect Wins Entitlement to Damages, but Recovers Nothing, Because it Failed to Keep Adequate Cost Records

by Kent Holland | Feb 8, 2011 | Newsletter Article

An architect performed both design and construction administration services under its contract with a school district. When the construction contractor completed the project eight months late, the architect alleged that it was entitled to recover compensation for the...

Documentation in the Age of Web-Based Project Management Systems

by Kent Holland | Feb 7, 2011 | Newsletter Article

From a risk management point of view, insurance companies should evaluate whether web-based project management systems have the potential to reduce the frequency and severity of claims on construction projects.  If the use of these systems proves to be a good risk...

A/E Would be Entitled to Compensation for Additional Services Due to Contractor Delay if it Hadn’t Failed to Prove Damages

by Kent Holland | Feb 7, 2011 | Newsletter Article

An architect proved that it was entitled to be compensated for additional services it provided as a result of the construction contractor’s delay in completing work.  Due to the delay, the A/E performed extra duties such as responding to questions from subcontractors;...
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