by Kent Holland | Jan 19, 2022 | Newsletter Article
A contract between an Engineer subconsultant and an Architect contained a limitation of liability clause stating that liability was limited to twice the amount of Engineer’s fee. When Architect sued Engineer for damages the project owner was awarded in arbitration,...
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 | Sep 26, 2017 | limitation of liability clause, Newsletter Article
Where a housing developer won a jury verdict for more than $9.5 million against a geotechnical engineer, the court applied the limitation of liability (LoL) clause in the geotech’s contract to cap the liability at $550,000. The developer attempted to avoid the LoL by...
by Kent Holland | Dec 7, 2015 | Newsletter Article
Gail S. Kelley, P.E., J.D. ConstructionRisk, LLC In February 2002, the Inn of the Mountain Gods Resort and Casino in New Mexico (Owner) contracted with Centex/Worthgroup, LLC (Centex) for a design-build expansion and renovation project. Centex then subcontracted with...
by Kent Holland | Nov 15, 2014 | Contracts for Design Professionals
Contract Guide and Course for Design Professionals – module 5 of 9. An AIA Continuing Education Course by J. Kent Holland, J.D. Discussion of the following contract clauses: Inspection, Site Observation, Limitation of Liability, and Waiver of Consequential...
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