Contractor Under a GMP Contract Cannot Make Indemnification Claim against Engineer for Inaccurate Design Documents that Caused Extra Costs where there was no Third Party Claim

By Kent Holland Hensel Phelps Construction Co. (“Contractor”) was awarded a Guaranteed Maximum Price (GMP) contract for a Marriott Hotel in Washington, D.C. In preparing its GMP proposal, the contractor relied upon “Preliminary Design Documents” that had been prepared...

When Engineer Refused Obligations under an Indemnification Clause to Defend its Homebuilder Client, Suit Against it for Breach of Contract does not Require Certificate of Merit

Kent Holland, J.D. ConstructionRisk, LLC Where an engineer entered into a contract with a homebuilder, its contract included a broad form indemnification clause that included a duty to defend and an obligation to indemnify for all claims and damages regardless of...