by Kent Holland | Feb 18, 2013 | Newsletter Article
Where a subcontract contained an “incorporation by reference” clause, expressly incorporating the terms of the prime contract between the general contractor and project owner, the “waiver of consequential damages” clause of the prime contract flowed down to the...
by Kent Holland | May 23, 2011 | indemnification clause, Newsletter Article
Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall. The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in...
by Kent Holland | May 2, 2011 | Newsletter Article
It is not uncommon to see disputes between prime contractors and their subcontractors concerning whether terms submitted with the subcontractor proposal or subcontract form will take precedence over the broader terms of the prime contract that are incorporated by...
by Kent Holland | Feb 7, 2011 | Newsletter Article, time limits
Where a limitations of liability (LoL) clause was located in an Agreement, the clause was held not to bar recover for damages incurred by a contractor due to work being suspended pursuant to a suspension of work clause that was located in the addendum to the contract....
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