by Kent Holland | Feb 9, 2011 | Newsletter Article
A material factual dispute existed regarding whether an architect met the requisite standard of care in reviewing an engineering report prior to its client’s purchase of property and prior to the architect proceeding with plans for renovation of the building. ...
by Kent Holland | Feb 9, 2011 | Newsletter Article
Costs of ripping out and replacing defective work was held to be potentially covered as property damage under a CGL policy issued by Zurich American Insurance, where employees of the insured contractor caused a leak in steam pipes by improperly unpacking the pipe...
by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits
Where a subcontract required subcontractor to commence arbitration proceedings no later than 30 days following receipt of an adverse decision by the contractor, the failure of the subcontractor to contest a decision within 30 days was fatal to later seeking...
by Kent Holland | Feb 9, 2011 | Newsletter Article
by J. Gerard Boyle Claims Analyst and Senior Project Manager Revay and Associates Limited – Toronto Shortly after work commences on design-bid-build projects all over this country, it can be predicted with reasonable certainty that the Owner and/or Consultant will...
by Kent Holland | Feb 9, 2011 | Newsletter Article, standard of care
A three-year statute of limitations for negligence claims was applied by a court to dismiss a claim against an architect in which the claimant presented its claim as one for breach of contract based upon alleged breach express warranty. The plaintiff asserted that a...
by Kent Holland | Feb 9, 2011 | Newsletter Article, time limits
A homebuilder’s lawsuit against a city and its architectural firm for refusing to grant change orders for additional costs was rejected by a court because the contractor failed to comply with a contractual requirement that it give written notice to the architect of...
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