by Kent Holland | Mar 15, 2024 | Newsletter Article
Article written by J. Kent Holland, Jr. and Joanne Dekker Public School District sued Contractor for alleged defective construction of a school after flooding caused extensive damage to the school. About one year later, School District added Architect for defective...
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 | Feb 7, 2018 | Newsletter Article
A contract provision in a homeowner contract with a furnace maintenance company shortened from the statutory three years to just one year, the time period for bringing a claim against the company. The homeowner filed suit against the company more than a year after...
by Kent Holland | Oct 29, 2013 | Newsletter Article, time limits
Where a hotel developer agreed by contract with its builder to limit the time for filing suits to four years following substantial completion, a California court of appeal held that this did not conflict with public policy. Parties are permitted the freedom of...
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