by Kent Holland | Dec 30, 2024 | Newsletter Article
Town was sued by its construction contractor for breach of contract based on failure to pay amounts owed. Town then impleaded its engineering firm, asserting that under the indemnification clause of the engineer’s contract the engineer owed the Town a duty to “assume...
by Kent Holland | Jul 25, 2024 | Newsletter Article
A car driver drove over a downed telecommunications line owned by Cox Company, resulting in claimed damages to the individual and his car. The driver filed suit against Cox and Cable Man, Inc., a company under contract to Cox to provide maintenance and repair of...
by Kent Holland | Jul 17, 2023 | Newsletter Article
When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects. The Contractor then filed third-party claims against the client’s architect and against the geotechnical...
by Kent Holland | Jun 23, 2022 | Newsletter Article
Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store. Five years after construction, a shopper fell on a curb in front of the main door to the store. This...
by Kent Holland | Jun 19, 2019 | indemnification clause, Newsletter Article
A fire marshal was injured while conducting an inspection at an office building under construction. In suing the building owner, he alleged he tripped on a pile of construction debris. The owner filed an indemnity claim against its fire sprinkler contractor (“STT”)...
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