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 | Nov 6, 2019 | Newsletter Article
A condominium sustained $3 million in fire damage when a portable electric generator on a truck owned by its roofing repair contractor malfunctioned. The truck was parked in the condo garage despite contract language expressly prohibiting that. The condo property...
by Kent Holland | Jan 22, 2019 | Newsletter Article
Construction contractor was prohibited by contract from suing the project engineer for damages it claims were sustained as a result of the engineer’s alleged professional negligence in the interpretation and application of the plans and specifications of the project....
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 | Sep 26, 2017 | limitation of liability clause, Newsletter Article
Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by...
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