Based on a court’s dismissal of a town’s negligence claim against the prime contractor for failure of a vendor/supplier’s equipment to perform successfully, the contractor was granted summary judgment against a claim by AECOM, the project engineer, that was seeking...
Where a town sued its general contractor (Penta Corporation) based on failure of its subontracted vendor/supplier’s equipment to perform as required by the project, the contractor was entitled to summary judgment because it did not design the equipment in question and...
Contractor sued its client, the project owner, and sued the construction manager (CM) that was under contract to the owner – alleging that the CM failed in its obligation and duty to oversee and administer the project according to industry standards thereby impeding...
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...
A developer filed suit against an engineering firm, two licensed engineers and one engineer intern. The intern was dismissed from the suit on the basis that as an intern the individual was immune from suit because he was an intern being supervised by licensed...
Extreme weather events, such as hurricanes and excessive rains causing severe flooding, seem to be increasingly in the news and on the public’s mind. This briefing addresses the legal and ethical responsibilities that design professionals must consider with respect to...
This Briefing Paper along with an on-demand webinar were written and presented by Kent Holland for Zurich North America Insurance. The paper and webinar are available by clicking below on the Continue Reading link. As storms seem to be increasing in severity, and...
In this webinar presented for Arch/PUA Insurance, the discussion is how to improve Quality Assurance and Quality Control (QA/QC) to improve the quality of design documents, enhance client value of your work, have highly productive lean project management for QA/QC,...
By: J. Kent Holland, Jr. The wording for clauses presented in this paper are what ConstructionRisk, LLC uses as our templates for suggested revisions when redlining a design professional contract to allocate the risk more equitably and make the contract more insurable...
An indemnification clause in a contract between a table rental company and restaurant was held to be unenforceable where the Indemnitee sought to be indemnified for its own negligence. The indemnity claim arose out of a suit by patron at a restaurant who was injured...
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