by Kent Holland | Aug 14, 2013 | Newsletter Article
In a very strange (and I believe wrongly decided case), the Supreme Court of Idaho held that where a contractor was defended by its commercial general liability (CGL) carrier, and was found liable for breach of an implied warranty of workmanship in performing the work...
by Kent Holland | Jun 27, 2013 | indemnification clause, Newsletter Article
Does a typical indemnification clause that requires a party such as a contractor or design professional to indemnify its client for damages the client sustains due to the actions of Indemnitor apply only to damages resulting from third party claims against the client,...
by Kent Holland | May 16, 2013 | indemnification clause, Newsletter Article
Although a subcontractor damaged a sewer pipeline during the course of construction, it owed no indemnification duty to the prime contractor for expenses the prime incurred in repairing the pipe. The key reason given by the court was that a jury found that the sub was...
by Kent Holland | Mar 5, 2013 | indemnification clause, Newsletter Article
Where an employee of an electrical sub-subcontractor was injured on the jobsite, he sued the project developer, the prime contractor, and others. Those firms in turn filed a third-party claim against the sub-sub claiming the right to common law indemnity as well as...
by Kent Holland | Mar 5, 2013 | Newsletter Article
When a project owner (YMCA) sued a developer (Bovis Lend Lease) for breach of contract for approving a defective design proposed by the Architect and also for approving inferior or improper construction materials, Bovis could not legally maintain a common law...
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