by Kent Holland | Dec 28, 2012 | indemnification clause, Newsletter Article
A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract. Often the law of the state where the project is performed is selected as the governing law. It...
by Kent Holland | Dec 28, 2012 | duty to defend, Newsletter Article
By Brian K. Stewart, Esq. and Kevin J. Engelien, Esq.– Collins Collins Muir & Stewart, LLP. The immediate contractual duty to defend, once thought by some to be isolated to the “not so golden anymore” state of California as a result of two important court...
by Kent Holland | Dec 28, 2012 | Newsletter Article
Approximately four or five years after completion of the Hilton Hotel at the Boston Logan Airport, an employee of the airport authority was electrocuted while attempting to repair an electrical transformer that lacked required wiring diagrams and warning signs. The...
by Kent Holland | Nov 27, 2012 | indemnification clause, Newsletter Article
Where design professionals agree by contract to indemnify a project owner for “any damages arising from any act, omission, or willful misconduct”, that provision cannot be enforced when the damages at issue arise out of violations of the Americans with Disabilities...
by Kent Holland | Jul 19, 2012 | indemnification clause, Newsletter Article
Professional consultants are judged by whether or not they satisfied the professional standard of care (i.e., were not negligent in the performance of their services). That is what is covered under a professional liability policy; therefore, it is critical that the...
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