Economic Loss Doctrine Enforced to Bar Claim against Design Professional by a Third Party Plaintiff

by Kent Holland | Jul 17, 2023 | Current Issue:, Newsletter Article

When Contractor filed suit against residential property owner/client for failure to pay amounts due, the homeowner counterclaimed for construction defects.  The Contractor then filed third-party claims against the client’s architect and against the geotechnical...

Waiver of Subrogation Clause Enforced

by Kent Holland | Jul 17, 2023 | Current Issue:, Newsletter Article

Where agreement between a contractor and its client contained an agreement to insured but also a waiver of subrogation, the client and its insurance carrier had no right to file suit against the contractor to recover losses paid to third parties. Court also held that...

Summary Judgment Incorrectly Granted against Project Owner for Independent Contractor Employee’s Death from Fall through skylight

by Kent Holland | Jul 13, 2023 | Newsletter Article

Trial court granted summary judgement against building owner for worker who fell through a skylight while doing work on a roof for an independent contractor.  During trial, the plaintiff’s attorney violated an order granting a motion in limine prohibiting him from...

Pollution Exclusion was Ambiguous and Unenforceable as Applied to Homeowner’s Claim Regarding Heating Oil Damage to its Basement.

by Kent Holland | Jul 13, 2023 | Newsletter Article

Where an insurance carrier denied coverage for damages caused by a heating and air-conditioning company whose removal of a system from a residential home resulted in 170 gallons of heating oil leaking into the basement.  The carrier argued that the oil was a...

General Contractor Can be Liable for Subcontractor’s Failure to Maintain Safe Scaffolding

by Kent Holland | Jul 13, 2023 | Newsletter Article

General Contractor on a housing project hired two subcontractors, one of whom installed scaffolding for use on the project.  An employee of one of the Subs fell from the scaffolding and sued the GC for his injuries.  Trial judge, relying on what is known as the...

Engineer Satisfied State Licensing Requirement by Using Licensed Independent Contractor as its Licensed Full-Time Registered Professional Engineer Manager

by Kent Holland | May 24, 2023 | Newsletter Article

Where a state law requires engineers to designate a full-time person or “manager” as being in “responsible charge” of engineering activities, the state agency responsible for administering the statute found an engineer in violation because it used a used an...