Indemnification Clause Required Indemnification Only for Damages Caused by Indemnitor

by Kent Holland | May 22, 2017 | indemnification clause, Newsletter Article

Where a subcontracted laborer brought personal injury action against a general contractor (GC), the GC filed suit against subcontractor to require it to indemnify it for any damages awarded against it. The laborer alleged he was injured from toxic fumes while...

Contractor May Recover on Differing Site Condition Despite Not Following the Notice Requirements of Contract

by Kent Holland | Dec 19, 2016 | differing site conditions, Newsletter Article

After final payment was made under its contract, a utility construction contractor submitted a written request for additional payment to the project owner seeking payment for extra work it performed as well as increased costs due to delays and disruptions during the...

Economic Loss Rule Barred Claim against Contractor’s President

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...

A Claim Under the Negligent Misrepresentation Exception to the Economic Loss Doctrine May Be Predicated on Implied Representations

by Kent Holland | Feb 9, 2016 | economic loss doctrine, Newsletter Article

This dispute concerned Pennsylvania’s application of the Economic Loss Doctrine and its interpretation of the exception allowed by Section 552 of the Restatement (Second) of Torts. Gongloff Contracting, L.L.C., (“Gongloff”) was a second-tier subcontractor on a...

Developer is Third Party Beneficiary of Window Manufacturer’s Warranty but Economic Loss Doctrine Prevents Recover of Consequential Damages

by Kent Holland | Jan 13, 2016 | economic loss doctrine, Newsletter Article

Kent Holland, J.D. ConstructionRisk, LLC Where the developer of an apartment complex filed suit as an intended beneficiary under the contract between a window manufacturer and one of the subcontractors on the project, the trial court denied the manufacturer’s demurrer...

Failure to Design According to the IBC Was Not Breach of Contract But Could be Malpractice

by Kent Holland | Oct 27, 2015 | Newsletter Article, standard of care

By Gail S. Kelley ConstructionRisk, LLC Where compliance with the IBC 2000 was not an explicit contract requirement, design firm’s failure to design a seismic retrofit in accordance with the IBC 2000 was not a breach of its contract. However, the firm’s...