by Kent Holland | Apr 27, 2021 | Newsletter Article
GC and its subcontractor disagreed over whether the scope of work of the subcontract required the Sub to remove all pavement in a parking lot or only the concrete portion of the pavement. The bidding documents described the work of subcontractor bidders to include...
by Kent Holland | Apr 3, 2018 | Newsletter Article
Pay-if-paid clauses are held by this decision to be enforceable in the state of Kentucky. This, however, did not prevent a subcontractor from recovering its costs for performing extra work. The pay-if-paid clause of a subcontract prevented the subcontractor from...
by Kent Holland | Jan 13, 2016 | Newsletter Article
Kent Holland, J.D. ConstructionRisk, LLC A subcontractor performing masonry work for renovations of buildings at the Langley Air Force Base recovered in a breach of contract action against the Prime Contractor who, after receiving full payment for the subcontractor’s...
by Kent Holland | Oct 29, 2013 | Newsletter Article
On a home building project in excess of $5 million, the homeowner contracted with a construction manager to oversee the project for a $375,000 fixed fee for a specified scope of services that included preparing a budget, soliciting bids for major contracts,...
by Kent Holland | Mar 5, 2013 | Newsletter Article
When a project owner (YMCA) sued a developer (Bovis Lend Lease) for breach of contract for approving a defective design proposed by the Architect and also for approving inferior or improper construction materials, Bovis could not legally maintain a common law...
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