Highway Contractor Protected by State Immunity Statute

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a highway construction contractor followed specifications given to it by the state, it was immune pursuant from liability arising out of a motorist’s personal injury action. The plaintiff’s law suit alleged that her injuries were caused by, or made...

Copyright Protection Granted to Land Surveyor’s Site Plan

by Kent Holland | Feb 9, 2011 | Newsletter Article

A land surveyor and planner (“Sparco”) was entitled to copyright protection of his plans and drawings. Perhaps even more important, however, was the protection afforded the survey pursuant to his contract barring the owner from revising or using the surveyor’s...

Electronic Discovery Issues – An Emerging Challenge

by Kent Holland | Feb 9, 2011 | Newsletter Article

It is becoming increasingly commonplace for businesses to conduct complex transactions electronically. Electronically produced documents, such as e-mail, provide companies with a fast and efficient means of communicating and discussing problems. Entire transactions...

Contractor not Responsible for Costs of Changes Caused by Building Code Violations Contained in Owner’s Drawings

by Kent Holland | Feb 9, 2011 | Newsletter Article

Where a contractor explicitly disclaimed responsibility for engineering of second floor additions creating snow load on existing roof structures, the court held that the contractor did not breach any implied warranty although certain building codes were apparently...

Review of Ava Abramowitz book “Architect’s Essentials of Contract Negotiation”

by Kent Holland | Feb 9, 2011 | Newsletter Article

With this marvelous book on negotiation, “Architect’s Essentials of Contract Negotiation”, by  Ava J. Abramowitz, Esq., Published by John Wiley & Sons, copyright 2002 (286 pages) provides a most excellent public service to design professionals and all other...

Statute of Repose Applies to Contract and Negligence Actions

by Kent Holland | Feb 9, 2011 | Newsletter Article

When the exterior EIFS system of a building wall fell down following a severe storm more than 10 years after construction had been completed, a ten year statute of repose was held to bar the building owner’s suit against the construction contractor regardless of...