by Kent Holland | Jan 14, 2015 | differing site conditions, Newsletter Article
Contractor brought suit seeking additional compensation for costs resulting from differing site conditions and alleged inaccurate site plans. The Owner counterclaimed for liquidated damages based on delayed completion, being a 397 day delay at $700/day. The court...
by Kent Holland | Dec 17, 2014 | differing site conditions, Newsletter Article
By Charlie G. Baxley Bradley Arant Boult Cummings LLP. A recent Wyoming case – JEM Contracting, Inc. v. Morrison – Maierle, Inc. – serves as a reminder to contractors and subcontractors of the importance of following the contractual requirements for notice when...
by Kent Holland | Dec 17, 2014 | Newsletter Article
By James Rhodes, Esq. ConstructionRisk Counsel, PLLC A federal appeals court affirmed the limitation on a contractor’s compensation for change orders due to a Virginia public contracting statute that provides a cap on recovery. The case was brought by a construction...
by Kent Holland | May 6, 2014 | Newsletter Article
J. Kent Holland Jr. and James Rhodes The Texas Supreme Court affirmed a jury verdict in favor of a construction company against its insurer regarding the company’s voluntary remediation efforts to fix water damage at over 400 homes that it had built. The damage...
by Kent Holland | Apr 8, 2014 | Newsletter Article
Where a named insured under the commercial general liability (CGL) policy failed to comply with the claim notice provisions of its policy, the insurance company denied coverage to additional insured entities despite the fact that those entities provided timely notice...
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