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 | Jul 26, 2017 | Newsletter Article
By: J. Kent Holland, Jr. A recent court decision requiring an engineer to indemnify and defend its client, a project owner, against a routine contractor claim is a wakeup call to further clamp down on indemnification language so that only those damages resulting from...
by Kent Holland | Jul 26, 2017 | indemnification clause, Newsletter Article
By: J. Kent Holland, Jr. The U.S. Court of Appeals for the District of Columbia affirmed a U.S. District Court decision that granted summary judgment to an engineer, holding that the statute of limitations had run on a breach of contract action, and the...
by Kent Holland | Dec 19, 2016 | economic loss doctrine, Newsletter Article
An error was made by a surveyor in setting the level for a foundation pad for a church building. A construction contractor then proceeded to excavate dirt from the foundation area, believing the resulting level would be higher than required by the base flood...
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