Personal Injury Case against Engineer Dismissed for Lack of Expert Testimony

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a pedestrian sued a city and its engineering consultant for negligent design and construction, and failure to warn of a dangerous condition in a sidewalk, a court held that the engineer was entitled to summary judgment.  This was because the plaintiff did not...

Mold Loss Excluded Under Homeowner’s Policy – Summary Judgment for Carrier

by Kent Holland | Feb 9, 2011 | Newsletter Article

A homeowner’s suit against Lexington Insurance Company to recover under a property policy for damages caused by shoddy roofing work that resulted in mold contamination was dismissed based on a coverage exclusion for mold. The insurance policy covered any risks of loss...

Statue of Limitations for Negligence Instead of for Breach of Contract Requires Dismissal of Action against Architect

by Kent Holland | Feb 9, 2011 | Newsletter Article

A professional liability claim against an architect was governed by a three-year statute of limitations applicable to non-medical, professional malpractice rather than the six-year statute for actions based on breach of contract.  Regardless of whether the alleged...

Limitation of Liability Clause Protecting Owner is Not Voided by Owner’s Breach of Contract or Alleged Bad Faith

by Kent Holland | Feb 9, 2011 | limitation of liability clause, Newsletter Article

A Limitation of Liability clause (LoL) in a contract was upheld by a court notwithstanding allegations that the project owner had acted in bad faith in its treatment of the contractor.  It was held to apply, however, only to the damages that would be awarded under the...

Standards Needed for Mold Exposure, Testing and Remediation

by Kent Holland | Feb 9, 2011 | Newsletter Article

Currently, federal or state established standards of safety thresholds for mold exposure are are non-existent.  Scientific agreement has not even been reached on whether mold (or various types of mold) are hazardous or injurious to health.  Nor are there standards for...

Engineer Had No Duty to Warn General Contractor’s Employee of Danger

by Kent Holland | Feb 9, 2011 | Newsletter Article

An engineer was not liable for injuries sustained by an employee of a construction contractor where the engineer’s contract did not make the engineer responsible for site safety and where the engineer did not take any action in the field to supervise or control the...