by Kent Holland | Jan 4, 2012 | Newsletter Article, standard of care
A Builder/Contractor that was building a house for a client/homeowner, used architectural plans that were drafted by an architect under contract with the homeowner, was permitted to sue the architect (with whom it had no independent contract) for breach of implied...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Where a contractor had to revise the government’s design and expend additional time and expense to construct a door for a helicopter hangar, the government argued unsuccessfully that the contractor was barred by a general disclaimer from claiming entitlement to...
by Kent Holland | Feb 8, 2011 | Newsletter Article
Two recent Board of Contract Appeals decisions addressed the conflict between the Government’s implied warranty of its design and its attempt to disclaim that warranty through the use of performance specifications. In both cases, the Boards allowed the...
by Kent Holland | Feb 8, 2011 | differing site conditions, Newsletter Article
When an engineer designed a road that failed because the impermeability of the underlying soil caused water to accumulate between the soil and the asphalt, resulting in the road floating and the asphalt cracking, the project owner sued for negligence and breach of...
by Kent Holland | Feb 8, 2011 | Newsletter Article
When a contractor expends time and money attempting to comply with design specifications that fail to accomplish the owner’s performance needs, it is entitled to recover its costs from the owner on the basis that the owner breached its implied warranty of...
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