Engineer Did not have Duty to Report to the Public the Environmental Findings it Produced for its Client

by Kent Holland | Mar 28, 2011 | Newsletter Article

Where engineering firm was retained by the owner of a beryllium plant to perform “stack testing”, it found that beryllium emissions significantly exceeded allowable limits of the EPA, and the engineer so advised its client.  It did not report the findings to any...

Certificate of Merit Filed with Amended Complaint Doesn’t Make up for Failure to File with First Complaint

by Kent Holland | Mar 28, 2011 | Newsletter Article

Where a certificate of merit is required by state statute to be filed with a complaint alleging negligence against a licensed design professional, a suit that failed to timely file such certificate must be dismissed with prejudice, and the plaintiff cannot correct the...

Statute of Repose Bars Indemnification Claim against Engineer that Designed Bridge that Collapsed

by Kent Holland | Mar 28, 2011 | indemnification clause, Newsletter Article

Because the 10 year state statute of repose made Jacobs Engineers immune from liability for the collapse of the I-35W bridge across the Mississippi River, it was not subject to suit by URS (the subsequent bridge inspection engineer) since there was no common liability...

Fighting Back: Contractors Can Use Tort Law to Challenge Claims of Fraud, Deceit, and Dishonesty

by Kent Holland | Feb 16, 2011 | Newsletter Article

By: Steven J. Koprince, Esq. It seems to happen to honest contractors all the time: a straightforward contract dispute takes a wrong turn, and suddenly the contractor is facing claims such as fraud, deceit, and dishonesty.  A contractor’s litigation opponent...

Accord and Satisfaction Barred Contractor Claim for Additional Compensation

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor timely completed a construction contract for the U.S. Army Corps of Engineers and accepted payment which included changes required by the Corps, the contractor was barred from later filing a claim for additional compensation.  The claim was barred...

Contractual Jury Waivers Held Invalid by California Supreme Court

by Kent Holland | Feb 9, 2011 | Newsletter Article

By Daven G. Lowhurst Thelen Reid & Priest LLP October 3, 2005 The Issue The California Supreme Court has single-handedly altered the contractual expectations of parties to thousands of contracts governed by California law. For many years, parties to a wide variety...