by Kent Holland | Apr 13, 2020 | Newsletter Article
While a declaratory judgment action was pending to decide whether a CGL insurance carrier owed a duty to defend and indemnify a contractor against claims by its client, a marina, for damages arising out of defective work, the contractor and marina entered into what is...
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 9, 2011 | Newsletter Article
Where a statement was conspicuously contained in a letter transmitting a check for final payment to a contractor stating that the check will constitute full satisfaction of a contractor claim, a court held this to be an accord and satisfaction, barring the contractor...
by Kent Holland | Feb 9, 2011 | Newsletter Article
By: Gordon & Rees, LLP EIFS or synthetic stucco is at the forefront of construction defect allegations regarding water intrusion, property damage and mold growth. EIFS generally consists of a layer of exterior grade gypsum glued to a foam board. The foam board is...
by Kent Holland | Feb 7, 2011 | Newsletter Article
The owners of a home under construction were sued by an architect whose copyrighted plans were used without permission in the design and construction of their new house. This architect (Mr. Page) sued the owners (Mr. and Ms. Gunthrop) for copyright infringement. A...
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