Limitation of Liability Clause Enforced

by Kent Holland | Jul 22, 2011 | limitation of liability clause, Newsletter Article

By: J. Kent Holland, Jr. Where the developer of an apartment complex brought suit against a professional engineering firm, seeking damages allegedly resulting from the negligent design of the storm water drainage system for the complex, the court granted a partial...

Arbitration Clause in AIA Design-Build Subcontract Bars Third Party Claim in Litigation

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

By:  J. Kent Holland, Jr. A Design/Builder that was sued by project owner for alleged design and construction defects was barred from bringing a third party claim or separate legal action against its subcontractor architect, because the AIA sub-contract document...

Third Party Claim for Indemnification Survives SJ Motion

by Kent Holland | Jul 22, 2011 | Newsletter Article, third party claims

When a design-build engineering firm filed suit in federal court against its construction subcontractor for breach of contract, the subcontractor filed a Third-Party Complaint against one of its suppliers for contribution and indemnity.  The supplier filed a motion to...

Contractual Liability Exclusion Bars Coverage for Breach of Contract Claim against Contractor by a Third Party

by Kent Holland | Jun 7, 2011 | indemnification clause, Newsletter Article

A general contractor under contract to the Dallas Area Rapid Transit Authority (DART) was sued by the owner of a building adjacent to the construction site, alleging that water damage was caused by the contractor’s negligent construction activities.  In addition to...

Additional Insured Contractor’s Right to be Defended & Incorporation of Prime Contract Indemnity Obligations into the Subcontract

by Kent Holland | May 23, 2011 | indemnification clause, Newsletter Article

Two employees of a subcontractor sued the prime contractor for their personal injuries resulting from a fall.  The prime contractor in turn sued the subcontractor and the subcontractor’s insurance carriers for breach of a duty to defend and indemnify the contractor in...

Architect’s Duty to Identify Contractor Deviations from Plans Extends to Home Guests

by Kent Holland | May 23, 2011 | Newsletter Article, standard of care

Where an architect designed a house and observed its construction during the construction phase, it had a duty to identify significant deviations from its plans and specifications that impacted the structural integrity of a balcony – causing it to collapse and...