by Kent Holland | Sep 6, 2016 | Newsletter Article
By: J. Kent Holland ConstructionRisk, LLC Design Professionals that fail to design in compliance with ADA requirements cannot be sued by their clients for indemnification or breach of contract to recover the rectification costs to bring the building into compliance....
by Kent Holland | Oct 9, 2012 | Newsletter Article
Where a General Contractor that entered into a contract with a nursing home was required to have a performance bond from a surety company (Safeco) and was default terminated by the project owner, the surety completed the project and sued the “obliges” under the bond,...
by Kent Holland | Jul 22, 2011 | Newsletter Article
Indemnification: Addressing the Contract Language Details By: J. Kent Holland, Jr. Indemnification clauses in contracts are described by some courts as being Type I, Type II or Type III. Others categorize the clauses as “Broad Form,” “Intermediate Form” and “Narrow...
by Kent Holland | Dec 31, 2010 | duty to defend, Newsletter Article
With the signing into law of California Senate Bill SB 972, California amended Section 2782.8 of its Civil Code, thereby limiting the enforcement of indemnification clauses upon design professionals working for public agencies. Much positive hype and commentary has...
Connect