by Kent Holland | Oct 25, 2022 | Newsletter Article
A jury found Weitz Company liable to a subcontractor for $1,729,122 in compensatory damages for breach of contract. It also awarded punitive damages of $3,900,000 for intentional misrepresentation and $1,103,549 for attorneys fees. On appeal, the court affirmed the...
by Kent Holland | Mar 1, 2019 | indemnification clause, Newsletter Article
An indemnification clause will only apply to liability for claims brought by third parties. It will not apply to claims between the contracting parties. In Florida, a contract’s general indemnity clause does not apply to first party claims for costs and expenses...
by Kent Holland | Nov 15, 2017 | indemnification clause, Newsletter Article
An indemnity clause in an easement agreement required the indemnitor (contractor) to pay the Indemnitees (adjoining property owner) first party attorneys fees that were incurred in suing the contractor for property damages. This was a “Crane Swing, Tie Back and Swing...
by Kent Holland | Mar 29, 2013 | Newsletter Article
Where a jury awarded a contractor approximately $19 million for delay and impact costs caused by actions of the project owner (including breach of contract), the judgment was reversed on appeal. Also, an award of $10.5 Million attorneys fees was granted to the Owner...
by Kent Holland | Dec 28, 2012 | indemnification clause, Newsletter Article
A “choice of law” provision in a contract provides for the law of a specified state to govern the contract and disputes between the parties that arise out of the contract. Often the law of the state where the project is performed is selected as the governing law. It...
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