Statute of Limitations Enforced to bar Condo Association Claim against Architect

by Kent Holland | Apr 27, 2026 | Current Issue:, Newsletter Article

A court determined that a condominium association’s claim against an architect was time-barred by the applicable statute of limitations. The association filed suit claiming that the double-paned glass of the exterior curtain walls of their building was...

Tort Statute of Repose Inapplicable to Suit against Architect based of Breach of Indemnity Clause

by Kent Holland | Apr 27, 2026 | Current Issue:, Newsletter Article

A design firm agreed to design a new athletic field for the plaintiff, Trustees of Boston University (university). It promised to indemnify the university for “any and all” expenses incurred by the university as a result of the architect’s...

Res Judicata and Collateral Estoppel Preclude New Law Suit

by Kent Holland | Mar 31, 2026 | Newsletter Article

A federal district court confirmed an arbitration award in favor of homeowners over disputes concerning a cabinet and closet job for a luxury home.  The U.S. Court appeals affirmed the judgment. Res judicata and collateral estoppel figure prominently in the appeal....

Spearin Doctrine Applied to Design-Build Contract, so Government Held to Have Warranted the Plans it Provided

by Kent Holland | Mar 31, 2026 | Newsletter Article

The GSA issued a solicitation for a Request for Proposals on a project. The Request for Qualifications specifiedthat GSA was using a design-build bridging project delivery method and that the bridging documents wereapproximately 30% complete. GSA awarded the contract...

Plaintiff not Required to File Mediation Request before Filing Suit

by Kent Holland | Feb 17, 2026 | Newsletter Article

Plaintiff Healy Long & Jevin, Inc. (“Healy”), a construction subcontractor, filed a Complaint for breach of contract, unjust enrichment, negligent misrepresentation, and violation of the Pennsylvania Contractor and Subcontractor Payment Act (“CASPA”) against...

State Law Requirements for Affidavits of Merit Don’t Apply to Federal Litigation

by Kent Holland | Feb 17, 2026 | Newsletter Article

Numerous states require that a plaintiff filing a medical malpractice suit must include an Affidavit of Merit with the complaint signed by an expert attesting to the merits of the suit.  Where a Delaware plaintiff filed suit in federal court, it failed to submit the...