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Design Professional Owes Duty to Third Party Condominium Unit Purchasers

by Kent Holland | May 16, 2013 | Newsletter Article, third party claims

A design professional has been held to owe a third party condominium unit purchaser a duty of care in the performance of its professional services for the developer despite language in the design professional contract stating otherwise.  The court relied on both the...

Architect Owes No Contractual or Common Law Duty to Third Party for Alleged Negligence in Construction Administration Services Performed for Its Client-Homeowner

by Kent Holland | Dec 30, 2011 | Newsletter Article, third party claims

In a case decided last year by the Court of Appeals of Texas (Black + Vernooy Architects v. Smith), it was held that an Architect could be liable to a young woman who fell 20 feet and sustained permanent injuries when she fell from a balcony due to defective...

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...

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Professional Liability - Ken Slavens, Husch Blackwell

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