Additional Insured Prime Contractor Entitled to be Defended under Subcontractor CGL Policy Where Plaintiff Merely Alleged “Damage to Other Property”

by Kent Holland | Dec 16, 2022 | Newsletter Article

A Commercial General Liability (CGL)Insurance carrier had a duty to defend a property developer who was an additional insured under a subcontractor’s CGL policy in a lawsuit by a homeowner association (HOA).  While a lower court granted the carrier summary judgment...

Economic Waste Doctrine Might Prevail – but no Summary Judgment Granted

by Kent Holland | Dec 16, 2022 | Newsletter Article

A subcontractor on a federal project installed fiber-reinforced manholes instead of the specified steel-reinforced manholes meeting the ASTM requirements.  When government demanded that these be replaced (after they had already been installed) the subcontractor argued...

Court will not litigate case until parties first go through mediation as required by contract

by Kent Holland | Dec 16, 2022 | Newsletter Article

Subcontractor filed suit against the prime contractor seeking money allegedly owed.  Prime moved to dismiss the suit or stay the suit until the parties could submit the dispute to mediation as required by contract.  The court agreed that because the contract clearly...

Register for the Upcoming Webinar on Ethical Challenges for Engineers

by Kent Holland | Dec 16, 2022 | Newsletter Article

In this webinar, we will discuss ethical challenges for engineers. We will present several recent Board of Ethical Review decisions issued by the National Society of Professional Engineers. Learning Objectives Become more familiar with the National Society of...

Broad Arbitration Clause Flowed Down to Subcontractor Requiring it to Arbitrate Claim against Prime Even though not in Dispute with Owner

by Kent Holland | Oct 25, 2022 | Newsletter Article

Parties to a construction subcontract disagreed over whether their dispute fit within the scope of the arbitration provision in the subcontract.  Trial court denied a motion to compel arbitration.  Appellate court reversed, holding that the arbitration provision in...

Economic Loss Doctrine Enforced in Arizona to Bar Negligence Action by Project Owner against Engineering Subcontractor

by Kent Holland | Oct 25, 2022 | Newsletter Article

Project Owner sued the engineering subcontractor of its general construction contractor alleging damages from negligently surveying property and putting stakes in wrong location.  The engineer admitted it erred in the survey and this caused damages. Summary judgment...