General Contractor not Responsible for Subcontractor’s Site Safety

by Kent Holland | Aug 5, 2026 | Current Issue:, Newsletter Article, Uncategorized

A plumbing subcontractor’s employee was buried in a trench collapse and suffered emotional and physical injury requiring multiple surgeries.  He recovered damages from workers compensation as well as from several co-employees of his employer that he sued.  He then...

Homeowner Failed to Mitigate Damages Caused by Contractors Breach of Contract

by Kent Holland | Aug 5, 2026 | Current Issue:, Newsletter Article

Where a homeowner hired a contractor to install a stucco-like exterior to her newly built home, the contractor stopped work after completing only the first of two coats of stucco and the owner hired a new contractor 18 months later to complete the job.  The delay...

Architect entitled to fee based on estimated construction costs of low responsible bidder that was double the Owner’s estimate

by Kent Holland | Jul 28, 2026 | Newsletter Article

Project owner breached its design professional contract when it “unilaterally walked away from the [contract]” without paying the balance of the architect’s fee, and deciding, based on its own calculation of “estimated cost,” that it had already paid the designer in...

Gross Disprortionality Rule Applies to Limit Damages

by Kent Holland | Jul 28, 2026 | Newsletter Article

The gross disproportionality rule may apply in a breach of a construction contract dispute. Gross disproportionality is calculated by using the diminution in value approach, which measures the difference in value between what is built (the value of the...

City is Third Party Beneficiary of Design Subcontract Despite Contract Wording Stating no Third-Party Beneficiaries

by Kent Holland | Jun 3, 2026 | Newsletter Article

A City filed a lawsuit against the prime design firm (BKI”) that created the hydraulic model for a sewer System.  The suit alleged the contractor breached its contract and committed gross negligence because the hydraulic model was defective. The city also sued an...

Expert Testimony Required for Suits against Design Firms

by Kent Holland | Jun 3, 2026 | Newsletter Article

Project owner (RTI) hired an architect, an engineer and various contractors to construct a clinical research facility for animal health research trials.  After completion, the Owner encountered numerous problems with the facility and filed suit against the designers...