Equitable Indemnity Denied where Indemnitees could not prove they were not at fault

by Kent Holland | Jun 23, 2022 | Current Issue:, Newsletter Article

Owner of a tract of land (Wilevco) leased the land to a general merchandising store (Fred’s), and Wilevco then hired a contractor who constructed a new store.  Five years after construction, a shopper fell on a curb in front of the main door to the store. This...

Construction Manager may be liable to worker who fell through skylight

by Kent Holland | Jun 23, 2022 | Current Issue:, Newsletter Article

A worker was injured when he fell through a skylight opening in a roof on which he was working.  He alleged common-law negligence and violation of the New York Scaffolding Act against the construction manager (CM) and project owner.  Appellate court held, on the issue...

Contract Clauses – Short Videos (2 minutes each) on Risk Allocation for Key Contract Clauses

by Kent Holland | Jun 23, 2022 | Current Issue:, Newsletter Article, Uncategorized

If you haven’t visited my YouTube Channel to see short videos I have prepared discussing key issues in contracts, do it now! Click on videos and see a list of about 80 videos I have done.  Some are 20 minutes long.  But most of them are quite short and address only a...

Engineer May be Liable for Injuries Suffered by Construction Worker who was Injured on Jobsite

by Kent Holland | May 31, 2022 | Newsletter Article

A construction laborer was injured when part of a floor collapsed on him when he was removing concrete “topping.”  The individual sued the engineer arguing negligence in failing to disclose the dangerous unstable condition and failing to specify that the floor should...

Moonlighters convicted of Forgery and Identity Theft for Unlawfully Using Engineering Seal and Signature of Employer

by Kent Holland | May 31, 2022 | Newsletter Article

An unlicensed architect worked as an architectural designer for an engineering firm for eight years.   Another individual worked an engineering draftsman for the firm  for almost 20 years.  He had a civil engineering degree but never passes the professional...

Where Prime Failed to Require Indemnity from Its Sub and Failed to be Named as Additional Insured – its CGL Carrier Had No Coverage Responsibility

by Kent Holland | May 31, 2022 | Newsletter Article

General contractor and its CGL carrier were sued by a subcontractor’s  employee for injuries sustained when hit by truck driven by another subcontractor while working on site.  The CGL moved for summary judgment on the basis that an exclusion in the policy barred...