by Kent Holland | Feb 28, 2019 | Newsletter Article
By Ken A. Slavens, Esq. Arbitration is often seen as a way of getting a more predictable result in complex construction disputes. The subject matter expertise available with experienced arbitrators and the finality of the arbitration process itself are certainly...
by Kent Holland | Feb 14, 2019 | Newsletter Article
A project owner and its subcontractors were entitled to be defended and indemnified under its contractor’s commercial general liability (CGL) policy. The “contractual liability” exclusion of the policy was not applicable because indemnity was afforded under an...
by Kent Holland | Oct 24, 2018 | Newsletter Article
Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...
by Kent Holland | Aug 21, 2018 | Newsletter Article
An indemnification clause in a contract between a table rental company and restaurant was held to be unenforceable where the Indemnitee sought to be indemnified for its own negligence. The indemnity claim arose out of a suit by patron at a restaurant who was injured...
by Kent Holland | Aug 21, 2018 | Newsletter Article
Subcontract excavator owed a duty to indemnify and defend the prime contractor installing underground utility lines for a telecommunications company. Two important holdings were (1) a state statute applicable to certain construction contracts, which prohibits...
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