by Kent Holland | Jan 4, 2024 | Newsletter Article
Where a building owner sued its contractor for negligence in driving sheet piling that resulting in building damages, the court rejected the owner’s motion to amend its complaint to add a claim for punitive damages based on alleged gross negligence. Florida has a...
by Kent Holland | Jun 27, 2013 | Newsletter Article
A written subcontract called for the Subcontractor to perform certain debris removal. This work was necessitated by Hurricane Katrina. Although the contract was only for work to be performed north of a particular highway, the subcontractor claimed that shortly after...
by Kent Holland | Feb 9, 2011 | Newsletter Article
When State Farm Insurance refused a proposed settlement for the amount of its policy limit for a law suit arising out of an automobile accident, the matter went to trial and a jury returned a verdict against State Farm’s insured in the amount of three times the policy...
by Kent Holland | Feb 7, 2011 | Newsletter Article
When the amount of damages is difficult to predict, a liquidated damages clause will generally be upheld unless the court determines that the clause was intended to be a penalty rather than liquidated damages. In Safeco Credit v. U.S., 44 Fed.Cl. 406 (1999), a...
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