by Kent Holland | Jul 22, 2022 | Newsletter Article
Professional services contracts typically include a clause stating that the consultant shall provide all services consistent with all laws, regulations, ordinance and codes. Although this may seem like an appropriate requirement, it could create an uninsurable...
by Kent Holland | Mar 26, 2019 | Newsletter Article
A homeowners’ class action lawsuit against a roofing-shingle manufacturer was subject to mandatory arbitration because the homeowners, through their roofers, had opened and used the shingles that were contained in wrappers that on their face clearly stated...
by Kent Holland | Jan 22, 2019 | Newsletter Article
Professional Construction Manager is not a guarantor of work performed by a construction contractor who is under separate contract to the project owner even though it agreed to “make sure the construction work is performed properly.” The owner was entitled to recover...
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 13, 2017 | Newsletter Article
A condominium association filed an implied warranty of habitability complaint against architects, engineers and material suppliers – asserting that they were responsible for certain defects in construction that rendered the condominium units uninhabitable. An Illinois...
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