Homeowner filed suit against its design-build contractor for defects in a $1 million swimming pool. In addition to claims for negligent design and construction defects, the homeowner asserted that the designer and design-builder were guilty of fraudulent educement,...
About a year after building a new home, the owners noticed cracks forming in the foundation and walls. They learned that the soil under the house was unstable. They then filed suit against the geotechnical services firm that ten years previously authored a...
A design-builder brought an arbitration action against its engineering subconsultant after the expiration of the statute of limitations. The engineer filed suit to stay the arbitration – arguing that the issues in dispute (concerning pre-bid quantify estimates) arose...
An apartment building under construction caught fire and burned down, causing $22 million in damages. The fire was apparently caused by an open flame heater that was left burning at the end of a workday by the general contractor. A separate company that was under...
Where a subcontractor on a construction project sued another subcontractor on that project for $1 million in delay damages caused by negligence, it was held that the economic loss doctrine prohibited the suit. Although the subcontractors had no contractual privity,...
Watts Constructors, LLC (Watts) was required to remove and replace electrical wiring because it failed to comply with contract specifications requiring wiring to be installed inside rigid conduit. Armed Services Board of Contract Appeals (ASBCA) found that Watt’s...
Design-Builder’s services were terminated by the project owner. It then sued the owner for breach of contract. The owner counter-claimed — alleging breach of contract, breach of “implied duties of workmanlike performance and fitness for a particular purpose,”...
Architect had contracted with a College District to perform services in accordance with “all applicable … codes, laws, regulations, and professional standards, consistent with the standard of care of an architect experienced in California schools and college...
Statute of Limitations for causes of action for negligent supervision and breach of engineering contract are both deemed professional malpractice claims subject to a three year statute of limitations for negligence actions, and began to run when firm completed its...
By: Greyling Insurance Brokerage & Risk Consulting In this report, Greyling Insurance Brokerage outlines the insurance coverage applicable to various claims that could arise in connection with coronavirus (COVID-19) and the likelihood of recovery with respect to...
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