by Kent Holland | Oct 24, 2018 | Newsletter Article
Breach of contract limited warranty was the only legal theory homeowner could pursue against builder. The negligence count was dismissed by the court as being duplicative of the breach of contract count and based on the exact same facts as what constituted the breach...
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 | May 16, 2013 | Newsletter Article, third party claims
A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise. The court relied on both the...
by Kent Holland | Feb 9, 2011 | construction contract tips, Newsletter Article
Today’s builder must be as expert at managing its contractual risk as it is at managing a safety program. Many large and small contractors, once considered outstanding builders, are out of business today. Some of the contractors may have even been good financial...
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